(Finance) – A recent ordinance of the Civil cassation – Ord. Section L Num. 12991 Year 2024 – raised doubts about the fact that there could be no administrative discretion on the merits of the evaluation of the motivation for the use of paid leave. However, it is necessary for the employee to indicate what the motivation is, possibly also through self-certification; it is noted that the use of self-certification implies a precise assumption of responsibility regarding the truthfulness of the declarations made.
In the Aran orientation of September 2021, it is specified that “In any case, the reasons given by the worker are not subject to the evaluation of the school director”. In the Supreme Court order, a worker’s appeal was rejectedbecause the reason for requesting permission must “be adequately specified”.
Subsequently, in June 2024, Aran clarified that the 3 days of leave for personal or family reasons, introduced by the 2019/21 CCNL, are entirely up to teaching and ATA staff with contracts as of 31 August or 30 June 2024. Therefore , the staff mentioned above are also entitled, upon request, to three days of paid leave during the school year, for personal or family reasons, also documented through self-certification.
Furthermore, they are there are many sentences that have denied management’s discretion (Court of Fermo, with sentence n.53 of 26 May 2020; Court of Ferrara, with sentence n. 54/2019 of 04/02/2019; Court of Velletri, with Sentence n. 378/2019).
Marcello Pacifico, national president of Aniefsaid that “during the next contractual round, we will ask that the issue be clarified once and for all, in compliance with the ARAN guidelines. In the meantime, as a union, We will monitor the evolution of events and we invite all staff to report any abuse by school leaders to us.”