School, unvaccinated teacher reinstated: precursor decree from the court in Grosseto

The classroom of a school (archive photo) and the lawyer Lavinia Mensi

Even with the green passport, she had been placed in the library: the labor judge put her back in class

GROSSETO. From the Court of Grosseto comes a groundbreaking provision on the front page of the vaccination obligation against Covid-19 for teachers. Especially for those who were not vaccinated but still cured for Covid and therefore with a strengthened green passport, found themselves in a regulatory limbo because they were considered non-compliant and were forced to leave classrooms and students for other tasks.

It all started with the case of a support teacher from a primary school in Grosseto. In mid-December, the obligation for teachers to be vaccinated was introduced in Italy. That is, to have ended the cycle with the revocation (Legislative Decree 44 of 2021). In those days, however, the teacher fell ill with Covid and therefore did not have time to be vaccinated. When she was healed, she had the fortified green passport, valid – because it was a result of healing – for six months. And thus he could have worked on until June 2022, when the six months would have expired. To comfort her, a faq from the Ministry of Health in January confirmed that the vaccination obligation was triggered six months after recovery.

Except that in March the school started asking her for the vaccination documents. Documents she did not need to have as curative immunization guaranteed her coverage. However, the school did not hear the reasons and suspended her from teaching on April 11 and put her to work at the library and in the administration.

The teacher then approached the lawyer Lavinia Mensi. “The school administration – explains Mensi – acted on the basis of a circular from the Ministry of Education, which discriminates against the fulfillment of the vaccination obligation regardless of the validity of the green passport, which triggers it 90 days after recovery or 120 days after administration of the vaccine.”

As is not uncommon, in short, a tangle of conflicting rules: If you get after Covid, you get the green passport strengthened for 180 days; However, if you work in school, get well and do not have the vaccine, do so within 90 days of recovery. And like the teacher from Grosseto, there are no similar cases across the country.

“After these intervals – Mensi continues – despite the possession of the green certification, these teachers, although not suspended, have been redirected from teaching”. In short, no classroom, but a library or office. With a side effect: for the teacher, the hours are 24 hours a week, but by performing bureaucratic and administrative activities, it has increased to 36 hours.

Not to mention the human implications. The teacher supports a child. And when she was removed, the little one was hit. “Because of the absence of her reference teacher – Mensi explains – she suffered a trauma, and for this reason her mother intervened in court to strengthen the teacher’s reasons and insist on her immediate reinstatement”.

Attorney Mensi filed an urgent appeal with the labor court in Grosseto on Tuesday, Giuseppe Grosso. Grosso accepted the teacher’s motives and issued a decree – without consulting the other party, pending the hearing, which takes place at the end of May – that the teacher should re-enter immediately.

The judge highlighted the illegitimacy of the briefing of the ministerial circular because, he says, the norm to be referred to is only Legislative Decree 52 of 22 April 2021, which states that the cured must be vaccinated six months after recovery. Decree, later converted into law, in force until 15 June. In short, the teacher would still have a good reputation. “This measure – says Mensi – is a very important first precedent throughout the Italian territory for all school staff, who these days receive communication from the leaders to be used for other tasks”. Mensi even follows other teachers in the same situation. “At this point – he concludes – it is hoped that the school administration will review all decisions regarding teachers in possession of enhanced green certification, also with a view to the tax profile, as these teachers will be replaced by deputies, doubling the salary of a single workplace.”

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