Recently many have again talked about of benefits offered by law 104/1992. On that point the “Corte di Cassazione” has specified the difference between vacations and paid leave, clarifying furthermore an aspect: leave can serve also for rest from assistance. But with limits, very strict.
The rule, as we know, offers the possibility to enjoy some paid leave to the worker that must assist a relative with a severe disability. Around the law, through time, there have been developed disputes on various questions. First of all the one related to the concept of “assistance” and if this should be meant necessarily as the direct assistance or also the supporting activities to the assisted that can be done even as the assisted is not present.
Considering, for example, the fulfilment of bureaucratic procedures and various expenses. On that point, the “Corte di Cassazione” recently spoke that in sentence December 23rd 2016 n. 3209, facing again the nature of permits ex Law 104 and providing a new clarifying lecture.
The present case was the one referred to a worker convicted for embezzling, having used her 3 days off to have a foreign trip without the disabled relative. The “Corte di Cassazione” has rejected the woman’s defence, whom took an interpretation of her permit as days that could serve, in addition to assist the disabled person, to “rest” precisely because of assistance work.
As said, the “Corte” has rejected this lecture of the 3 days off permit as “3 working days of freedom”, at the same time has also made interesting clarifications on the nature and purpose of permits. The “Corte” has remembered that the primary interest of Law 104/92 is to assure the continuity in disabled assistance within the family, also across a benefit series in favour of taking care people.
From this perspective, as we can read in the sentence, work permits are subject to a double lecture, and they are granted to allow the worker to give his assistance and, if the worker with self-denial spends all his time to the disabled relative, carve out for himself a short time to provide to his needs and personal requirements.
What does it mean? That the permits can be also useful to recover energies and then to rest, but it is recalled – and just the sentence remember it – that permits cannot and have not to be considered as a day off, but only as a facilitation conceded by the lawmaker to whom has agreed to take an onerous task. The worker that benefits of permits, then, will answer for embezzling in the case of using the permits obtained to have a pleasure trip, without making no assistance.