104/92 law permits: reconciling work and therapies

We’ve stated it many times: having a disability doesn’t compromise your chances to find and carry out efficiently a job. Sure, who lives with a severe disability often needs continuous therapies, not always adaptable to the working hours. But, luckily, even in this case, the 104/92 law helps. Indeed, the measures aiming to guarantee the working inclusion of disabled people include the permits that are due both to who has a severe disability and who takes care of a relative with a severe disability.

what are those permits?

The 104/92 law permits consist of a monthly amount of working hours, usable as days (maximum 3 per month) or hours (1 or 2 per day, based on the working timetable), regularly paid by INPS, that enable to worker, if he is disabled, to have the therapies he needs and, if he has a disabled relative, to properly take care of him.

104/92 law permits

who is entitled to those permits?

The 104/92 law permits are due to employees with a severe disability or who have relatives (within the 3rd degree) suffering a severe disability, excluding homeworkers.

how to benefit from those permits?

To benefit from the 104/92 law permits, first, the proper medical commission must certify the status of severe disability of the disabled worker (or of the disabled relative of the employee who’s applying for them). This examination isn’t the same as the “standard” disability, so you must apply specifically for it, adding a digital certificate written down by your general practitioner certifying the status of severe disability of the interested disabled person, through the INPS website.

  • Using your PIN and fiscal code, login to the “Servizi al Cittadino” area and select “Invalidità civile: invio domanda di riconoscimento dei requisiti sanitari” and, then, “Acquisizione richiesta”.
  • Fill in the online form with the requested data, selecting the items “Riconoscimento” and “Portatore di handicap” in the section that immediately follows the personal data.
  • Insert the ID code of the certificate written by your general practitioner.
  • Specify your preferred way to use the permits (days or hours) and the end date (usually, the application must be submitted yearly, even though nothing has changed).
  • Submit your application and wait for the medical commission to convene you.

Starting from the moment you have submitted your application, you can benefit from the permits. If, after the examination, your application is rejected, your employer will deduct the hours used by the employee from his pay slip (or from his total amount of holidays, based on the agreement).

On the contrary, if your application for the 104/92 law permits is approved, both the employee and the employer will receive a communication from INPS, specifying the length of the benefit.

If the employee who benefits from the 104/92 law permits leaves the company for another, in order to keep on benefiting from them, he will have to submit another application once the new employment relationship has started.

Good luck with your work!

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