Permits with Law 104 for disabled people: let’s see when it is best to use them fractionally, by the hour, or on working days (find out the latest news on Law 104, civil disability, protected categories, labor law, subsidies, job offers and active competitions. Read them for free on WhatsApp, Telegram and Facebook).
Is it better to use permits with Law 104 for disabled people on an hourly or full-day basis?
Permits with Law 104 for disabled people offer different methods of use depending on the personal and work needs of people with disabilities. The choice of how to use permissions varies according to individual needswith some options that are more advantageous from a work perspective.
For the workers who follow a standard schedule of 8 hours a day, 5 days a weekthe permit can be requested both for full days and for fractions of hours.
By opting for full-day leave, the worker will benefit overall 24 hours of leave per monthequivalent to 3 complete working days.
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However, if permissions are requested in fractions of two hours daily, convenience increases significantly for the disabled worker. In a typical working month of 20 days, by requesting two hours of leave per day, in fact, the disabled person will accumulate 40 hours of leave per month.
This approach not only allows the worker to reduce overall monthly working hours, but also offers greater flexibility for managing their personal and healthcare needs.
Also important to note is the flexibility in managing these types of permits reserved for disabled workers in serious conditions: the worker can decide to change the way in which the permits are used from one month to the next or even within the same month.
If you opt for the change, it will be necessary to convert the hours of leave already used into days in order to calculate the available residue which is still possible to enjoy.
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Who is entitled to permits under Law 104 for disabled people?
The Law of 5 February 1992, number 104, in article 33, establishes specific work facilities both for family members who assist people with disabilities and for the workers themselves suffering from serious disabilities.
Pursuant to this law and article 19 of Law 53/2000, i severely disabled workers can benefit from the following discounts:
- A two-hour permit per working day, applicable if the daily working time is at least 6 hours; for daily working hours of less than 6 hours, the permit is reduced to one hour.
- Three days of leave per month, which can be used entirely or divided into hours.
“Day” permits can be divided into hours following one specific formula: divide the normal weekly working hours by the number of working days in the week and multiply by three to determine the total monthly hours that can be used fractionally.
For example, for a worker with a 36-hour week spread over six days, the maximum number of hours that can be used per month, splitting the permits, is 18 hours. However, if the 36-hour week is spread over five days, the maximum rises to 22 hours.
What are the requirements to benefit from Law 104 permits for disabled people?
To take advantage of permits with Law 104 for disabled people and other benefits provided for by the legislation, the recognition of a disability as defined by article 3, paragraph 1 of the same Law is essential.
This does not only refer to the pathology itself, but also to the socio-work and relational difficulties that it entails. Furthermore, each concession may be subject to additional conditions in addition to the recognition of the handicap.
A particularly relevant aspect is the so-called “serious situation”described by paragraph 3 of the same article.
This situation occurs when disability significantly reduces personal autonomydepending on the age of the person concerned, requiring permanent and continuous healthcare support in daily activities and relationships.
Finally, the law applies to anyone who resides, is domiciled or permanently resident in Italy, including foreigners and stateless persons.
FAQ on permits with Law 104 for disabled people
What can and cannot be done during the permits per Law 104?
One of the main limitations of the well-known Law 104 is the lack of explicit clarifications in some of its aspects. The legislation provides for assistance to a disabled family member, but does not specify that this must be continuous.
This means that taking short breaks, such as going out for some fresh air or resting to relieve accumulated tiredness, is not prohibited.
When can Law 104 permits be denied?
The employer may refuse to grant a leave if the employee does not submit a timely notification or fails to provide the necessary documentation proving the family member’s serious disability.
How many household appliances can be purchased with Law 104?
The law does not impose a defined limit for purchases that benefit from tax breaks, such as the IRPEF deduction and reduced VAT, and does not specify the number of household appliances that can be purchased with the benefits provided by Law 104.
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