Sunday, October 17, 2010

Illness during the holidays .. now what i can do?

I am a foreign national working as a regular employee at a company, are on vacation but I had a health problem, I broke my leg, I seek to suspend the holidays?

Rome August 4, 2010 - The holidays are intended to rest and recover phisico-energy physics, so if during this period comes a state of illness that prevents this recovery the employee may terminate the leave and get sick.

The illness which arose during the holidays does not stop automatically, but requires that the state of illness prevents the worker actually to enjoy the rest and the recovery of psychophysical energies.

The working period which can be disrupted by the disease is identified as a continuous period of leave because it is only occasionally that you can fully realize the recovery functions of the psycho-physical energies.

Of course, in your case, the breaking of the leg leads to a total disability that compromises the very purpose of the enjoyment of the holiday and therefore stops.

Where there is this inability is objective holiday break which does not happen for example in case of headache that has marginal reflections on the enjoyment of the holiday and is not likely to stop it.

At the time of occurrence of the disease must immediately notify both the employer that the INPS.

If the employer wants to ensure the health of its employee may request the sending of the INPS doctor for a check, to verify the existence of this disease and to assess whether the same is consistent with the holidays.

If the employer does not ask the survey period is automatically stopped working.The employee must submit a medical certificate and report on home working.

According to INPS, the date of onset of the disease coincides with the day of receipt by the employer's communication of the disease state.

The communication is normally done by sending the certificate of illness, but it can also happen with a phone call or fax or telegram, which follows submission of the certificate.

The company must INPS the date of receipt of the notification of the disease.

For example, if the certificate is issued Aug. 12 disease, transmitted by fax to the company on August 13 and received by mail on Aug. 16, the start date is August 13 disease.

The day of August 12, preceding the receipt of the notice, is considered a day of leave and sickness.

In case of illness abroad in a non-EU country that has no reciprocal agreements on social security, the worker must send a medical certificate to the company in Italy and INPS of competence, of course, the certificate must be attached to the official translation Italian language issued by the embassy.

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