Unvaccinated teachers recovered from Covid: Fulfillment after 90 days. NOTE Usr Marche. Criticism

Vaccination and green passport. The USR Marche, with note 9653, gives indications about the management of the school staff with a green COVID-19 recovery certificate. We also report the Ministry’s FAQ to USR Veneto.

USR MARCH NOTES

The USR March Note says: “The school staff who receive the green certificate after the recovery of Covid-19, will be in default of its obligations after 90 daysfrom the date of certification of the positivity, in the case where he has not received a dose of vaccine or in the case where he has contracted the infection within 14 days after the administration of a dose of vaccine.

It is still: “On the other hand, in the case of staff who have completed the primary vaccination cycle, non-compliance with the vaccination obligation is configured after 120 days from the date of the positive diagnostic test. Once these terms have expired, school staff will default. “and if a teacher is unable to provide the service in contact with students, a provision must be made for employment in alternative jobs, with direct effect”.

The USR Marche states that provisions retroactively disposing of the legal situations of such teachers are not considered applicable..

“Provisions – specify the USR again – derives from the combined provisions of paragraph 3 of Art. 4th of Legislative Decree no. 44/2021 and by paragraph 5 of Art. 4 of the same Legislative Decree 44/2021 together with the reading of the memorandum of the Ministry of Health addressed to the federations of health workers clarifying the interpretive doubts on the point. It is therefore specified that the SIDI system to verify the vaccination obligation is already calibrated to this provision and therefore suitable for the competence provisions of these schools “.

The Ministry also intervened yesterday on the subject, but in the FAQ did not mention 90/120 days nor from the note of the Ministry of Health (intended for health professionals and not for school staff) and writes “Note that the specific functionality of the Ministry of Education’s Information System (SIDI) information system allows the school director, or his delegate, to check compliance with the vaccination obligation on a daily basis, in case the system publishes a negative result, the teacher checks with the staff concerned. whether there is a valid justification, and then proceed in accordance with the provisions of the current law.

It should be noted that, for the Ministry of Health, the validity of the green passport attributed to unvaccinated teachers received by Covid is, in the current state of the law, 6 months (180 days).

At this point, a more precise clarification of the Ministry of Education may be needed.

The vaccination obligation also affects the booster dose

Based on Legislative Decree no. 24 of 24 March 2022, the vaccination obligation for school staff will remain until 15 June 2022. It will continue to affect the cycle of the primary vaccine and the subsequent booster dose, within the meaning of the individual vaccination plan.

The booster dose must be carried out within the conditions of the validity of the COVID-19 green certifications provided for in Article 9, Section 3, of the Decree-Law of 22 April 2021, n. 52, amended by the Act of 17 June 2021.

Sanction of 100 Euros for non-compliance with the obligation

Failure to fulfill the vaccination obligation includes the application of sanctions under Art. 4-Sexies of the Decree-Law 44/2021 (pecuniary administrative sanction of 100 euros).

Who is excluded from the vaccination obligation

According to the committed ministerial note, vaccination is excluded only in case of established health hazard, documented in relation to specific clinical conditions, certified by your doctor or vaccinated, in accordance with the circular of the Ministry of Health on the release of the anti SARS-CoV vaccine- 2. And so In some cases, the vaccine can be delivered or discarded.

Execution of work performance

For teachers and educators only, Art. 4-ter.2 of the Decree-Law 44/2021, also introduced by the Decree-Law 24 of 24 March 2022, also known as a detailed discipline with respect to the performance of work performance.

In fact, paragraph 2 provides that for teachers and educators “Vaccination is an essential requirement for the performance of educational activities and contact with the students of the compulsory parties.”

Failure to obtain vaccination obligation Require the teacher to use the default teaching staff and support activities for the institution school “.

Therefore, from 1 April 2022, the effects of the suspension measures on teachers and educators will be discontinued, but the Staff were only used for normal classroom instruction when they fulfilled the vaccination obligation, while, in the case of persistent non-anhale, they were replaced by a teacher with a time limit.

The activities of unvaccinated school staff

Teachers and educators who do not receive the vaccination obligation can be employed in the performance of all other functions that fall within their duties, such as activities including collegial nature, planning, planning, research. , Evaluation, documentation, updating and training.

The teachers and educators who find themselves in this situation perform a work performance equal to 36 hours a week.

Basic Green Pass

From 1 May, parents in all non-school institutions can come to school without having to show the green certificate, which is expected until 30 April.

From 1 May, it will also lose the obligation to hold and issue the green basic passport to school staff who do not comply with the vaccination obligation.

From May 1st to school, not everything is free. The rules are still in force: masks, distances, case management [LO SPECIALE]

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