Fruibilità dei permessi retribuiti ex L. 104/1992

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Domanda:

Buongiorno,
i 3 giorni di permessi retribuiti e il congedo familiare per assistere il figlio con grave disabilità possono essere fruiti da un solo genitore o da entrambi?Grazie

Risposta:

Gentile signore,
i 3 giorni di permessi retribuiti di cui alla legge 104/92 possono essere fruiti, in via alternativa, da entrambi i genitori. L’alternatività si intende riferita solo al numero complessivo dei giorni di riposo fruibili nel mese, consentendo quindi ai genitori di effettuare assenze contestuali dal lavoro. Resta inteso che il numero massimo dei giorni è sempre complessivamente di tre.
In linea generale secondo il principio del referente unico i permessi di cui all’art. 33 della legge n. 104/92 e il congedo straordinario di cui all’art. 42 del D.lgs. 151/2001 non possono essere riconosciuti a più di un lavoratore per l’assistenza alla stessa persona disabile in situazione di gravità.
È fatta però eccezione per i genitori di figli disabili in situazione di gravità a cui viene riconosciuta la possibilità di fruire di entrambe le tipologie di  benefici per lo stesso figlio anche alternativamente, fermo restando che nel giorno in cui un genitore fruisce dei permessi, l’altro non può utilizzare il congedo straordinario. La fruizione di tali benefici deve intendersi alternativa, trattandosi di istituti rispondenti alle medesime finalità di assistenza al disabile in situazione di gravità.
Spero di esserle stata d’aiuto.

Cordiali saluti.

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