INPS: clarifications on the COVID 19 pandemic-related deadlines extension for “vulnerable” workers

In its message no. 2622 of 30 June 2022, INPS provided clarification on the provisions of Article 10, paragraph 1-bis, of Decree Law no. 24/2022, converted, with amendments, by Law no. 52/2022.

The above law further extended the protections introduced after the COVID-19 pandemic for “vulnerable” workers until 30 June 2022. It introduced substantial changes for the categories of workers who are beneficiaries of the protection originally provided for in Decree Law no. 18/2020.

Regulatory references

For rule implementation purposes, reference should be made to Ministerial Decree no. 5 of 4 February 2022, issued by the Ministry of Health in agreement with the Ministry of Labour and Social Policies and the Minister for Public Administration.

The decree, entitled “Identification of chronic illnesses with a lower level of clinical compensation and implications of severity, for which work is normally carried out in remote working until 28 February 2022”, modified the list of chronic illnesses for which work must be carried out in remote working.

The measure establishes, as a rule, the right of workers included in the list, to:

• Remote work, or;
• possibly be assigned to another task, or;
• carry out training remotely.

Only where it is impossible to guarantee the above, vulnerable workers may benefit from periods of sick leave which is treated the same as hospitalisation.

New measures

The provision modifies the criteria for identifying those entitled, specifying that the protection is provided “exclusively to those affected by the illnesses and conditions identified by the decree of the Minister of Health adopted under Article 17, paragraph 2, of Decree Law no. 221 of 24 December 2021, converted, with amendments, by Law 19 February 2002, no. 11″.

To benefit, it is necessary to possess a certificate issued by local medical-legal bodies attesting to “a condition of risk deriving from immunodepression, oncological illnesses or life-saving therapies” or the “recognition of a disability with implications of severity under Article 3, paragraph 3) of Law no. 104 of 5 February 1992.”

Conclusions

For the period from 1 April to 30 June 2022, INPS will recognise the protection, subject to the assessment of the medical-legal offices, for the categories identified under Ministerial Decree no. 5/2022 and within the expenditure limit of € 3.7 million.