Permanent teachers and public holidays in the last days of June: Can not the leader grant?

The use of leave, holidays and absences for teachers with permanent employment takes place in accordance with the national agreement [CCNL] and specific legal provisions. Holidays represent a right for all teacher and ATA staff. Sometimes it can happen that a teacher needs some days off in the last week of June, which as you know is a crucial period filled with commitments and final commitments. Can leaders not grant?

A permanent teacher in high school must take 4 days [dal 27 giugno al 30 giugno]. However, the headmistress does not want to give her a vacation. Can he? Maybe the same teacher can use the days off for family and personal reasons?

Leave days for permanent teachers

The teacher has the right to:

ATTENTION: To “service time“Means a service provided for any reason.

E.g the newly hired professor in 2019/20 who has at least three years of temporary teaching of 180 days. already this year is entitled to 32 days. of public holidays.

Holidays and “short week” or “free” day

The school staff is on duty 6 days a week, also with regard to the calculation of holidays, regardless of the weekly schedule.

For the purpose of the holiday statement, the working week is therefore calculated over 6 days, including any “day off”, or if the school adopts the so-called “card week”.

In fact, all teachers have the same number of vacations, whether they work on the weekly schedule of 5 or 6 days.

Periods of the school year where it is possible to use the HOLIDAY

L ‘art. 1 § 54 of the Act of 24 December 2012, no. 228 (The Stability Act for 2013) has standardized for all teachers (permanent, short-term alternates or up to 30 / 6- 31/8) the periods of use of leave by stating that teachers at all levels of education take holidays on days when teaching is suspended defined by regional school calendars, with the exception of those intended for polls, state examinations and evaluation activities.

To all teachers (including those who are employed for an indefinite period) it is therefore possible to utilize the earned holiday days:

  • from 1 September to the date set by the regional calendar for the start of teaching;

  • Christmas and Easter holidays;

  • The possible suspension of lessons for organizing polling stations and for competitions;

  • From the day after the end of the teaching until the 30th of June, of course excluding the days set aside for voting, examinations or teaching functional activities (eg teachers’ colleges or other commitments included in the activity plan approved at the beginning of the year or subsequently amended).

  • From 1 July to 31 August for teachers with an annual contract (31/8) or for those who are employed indefinitely (NB : the latter teachers may in any case use the holidays even during the periods mentioned in the preceding paragraphs).

  • During the normal teaching period: 6 days. holiday, which, however, must not be a burden on the Administration (NB only for permanent teachers these days can be used, alternatively “as” permits for personal reasons in addition to the 3 already provided. In these cases, they can also set fees for the administration following the same procedures as for the first 3 days.).

Holidays: must be requested and may or may not be granted by the manager

The art. 2109 cc, also confirmed by the new art text. 10 of Legislative Decree 66/2003, expressly states that the holidays are allocated by the employer, taking into account the needs of the company and the interests of the worker.

Permanent teachers leave for personal and family reasons

Article 15 of 2007 CCNL regulates 3-day leave for personal and family reasons permanent teaching staff.

In the light of the contractual provision and the guidelines for the use of Aran:

  • the 3 days leave is a right to request the teaching staff;
  • the teaching staff must provide a personal or family motivation that represents the justification for the permit;
  • the motivation must also be documented by self-certification;
  • the reasons given by the worker are not subject to assessment by the school director, who confines himself to checking the formal correctness of the application;
  • the teacher identifies subjective situations or needs of a personal or family nature for the purpose of using these permissions;
  • the 3 days’ leave is not related to the benefit provided, but can be recognized regardless of the work performed in the reference school year:
  • the 3 days are paid.

Conclusions

Our teacher sees the headmaster denying the holidays in the last week of June. This is legitimate, as the Rector / Employer for service needs may not grant. We saw it above:

Periods of the school year where it is possible to use the HOLIDAY

From the day after the end of the teaching until the 30th of June, of course excluding the days set aside for voting, exams or teaching functional activities (eg teachers’ colleges or other commitments included in the activity plan approved at the beginning of the year or subsequently. amended).

On the other hand, it is possible for the teacher in question to submit a request permission for personal and family reasons. In this case, it is sufficient to present a self-declaration and there are no teaching schools or ballot papers that hold: the leader can only limit himself to giving what the teacher requests. The right to such permits is unconditional, even if there are simultaneous service needs such as control activities.

So in the end, there is an alternative to vacation, although it is at most possible to request 3 days of leave for personal and family reasons; the teacher needed 4 days.

Teachers with contract per. June 30: assigned office vacations. In some cases it is illegitimate – Orizzonte Scuola Notizie

Teachers’ holidays: how many days they have to have, when they can be interrupted, postponed or make money – Orizzonte Scuola Notizie

Teachers with contract per. 30/06: allocation of office holidays. How to behave – Horizon School News

Permits for personal and family reasons: how many are there and how to justify them (horizontescuola.it)

Permits for personal / family reasons: here are the cases where the headmaster can not approve – Orizzonte Scuola Notizie

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