Teachers recovered from COVID “we are not in default”

In response to Memorandum 9653 of 2 May from the USR Marche “Indications for the management of school staff with a green COVID-19 recovery certificate”, a letter from the coordination of committees cured for Covid, requesting “immediate revocation of the regulations issued with note 0009653 of 2 May 2022 and consequently calls on the DS to order immediate revocation, in self-defense, of the invitation to vaccination concerning cured subjects or of the issued documents of non-compliance.

In note of indications of USR Marche it is stated that “school staff who obtain the green certificate after recovery from Covid-19 will breach their obligations after 90 days, from the date of positive certification, in case they have not received any dose of vaccine or in case they have contracted the infection within 14 days of receiving a dose of the vaccine. Otherwise, non-compliance with the vaccination obligation for staff who have completed the primary vaccination cycle will occur after 120 days from the date of the positive diagnostic test. Once these conditions have expired, school staff will be considered in default, and if a teacher will not be able to provide service in contact with students, a provision on employment in alternative jobs must be adopted, with immediate effect.“.

We have reported some critical issues of the note that appeared in one of our articles. In essence, the provisions of the Ministry of Education’s memorandum of 1 April 2022 were recalled: “In any case, access to school facilities until 30 April 2022 is conditional on possession of the green basic passport, and until 15 June 2022 it is allowed too perform didactic activities in contact with students only for non-teaching and teaching staff
non-compliance with the vaccination obligation, which therefore entails possession of a reinforced green passport, as well as subjects exempted from vaccination“. We also stressed that to date no validity date has been mentioned for the lower strengthened green passport, in the schools compared to all other sectors as set by the Ministry of Health.

MI FAQ

On the question of teachers who have not been vaccinated but cured for Covid, the Ministry of Education intervened with a FAQ, without, however, referring to the days since the positivity was found:

For the recovered staff, health precautions associated with the infection require an extension of the time limit for administration of the vaccine for a period depending on the vaccination history of the subject with previous SARS-CoV-2 infection.

At the end of the deferral period, the vaccination obligation comes into force again, which remains for all staff with an indefinite and indefinite term until 15 June 2022. Given that the specific functionality of the Ministry of Education’s (SIDI) information system allows the management school or its deputy to check compliance The obligation to vaccinate, in the event that the system triggers a negative result, the school head examines with the staff concerned whether there is a valid justification, and then follows what is required by applicable law.

Coordination recovered from Covid: the note is an abuse

The letter from the Coordination of Covid Healed of Covid, addressed to the USR Marche, highlights further critical issues of the same note. The coordination, reminiscent of the Ministry of Health’s circular 8284 of 3 March 2021, n. 32884 of 22 July 2021, No. 56052 of 6 December 2021, emphasizes:

  • For those who have previously contracted the infection, according to the circulars of 3 March 2021 and 21 July 2021, a single dose may be given in a single dose in order to complete the primary vaccination course. time frame from 3 months to 12 months with a recommendation of 6 months.
  • For those who are over 12 months after recovery and have not previously received any administration, it is recommended to complete the entire vaccination cycle with administration of 2 doses as soon as possible (Circular Ministry of Health 6 December 2021).
  • For those who have contracted the disease after the first dose, the interval is at least 5 months from the diagnosis of infection (Ministry of Health circular 6 December 2021).
  • For those who have contracted the disease within the 14th day of administration of the first vaccine dose, the interval is 6 months from the diagnosis of infection (Ministry of Health circular 6 December 2021).
  • For those who have contracted the disease after the second dose, the interval to perform the booster dose for a minimum of 5 months is recommended in the Ministry of Health’s circular of 6 December 2021, which then decreased at the time of maximum spread of variant B .1.1 .529 (Omicron), with Ministry of Health circular of 24 December 2021, for a minimum of 4 months.

Which means, “none of the aforementioned circulars sets out any mandatory or prescriptive indications for the recovered in the terms and conditions set out in the note that exists;“. On the other hand,” lo the same Ministry of Education legitimizes and allows it work performance and performance of teaching activities in contact with students for staff in possession of a reinforced green passport, which is known, obtained by vaccination or recovery“.

The Coordination reports the content of the latest MI FAQ and emphasizes that “it is the same Ministry of Education that urges school leaders to be careful“.

Being healed has constituted and constitutes (in general the national scholastic panorama) an element that absolutely cannot place the teacher in the bed of incompatible subjects. It follows that the action adopted by your Office is not merely contra legem, but constitutes an act contrary to the same statements and constitutes a clear abuse.“, Completes the coordination.

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