Teacher or ATA recovered from Covid 19, that’s when the vaccination obligation is triggered

From December 15, 2021, the compulsory vaccination for the fulfillment of their work function became effective for school staff. The DL 172/2021 was transformed into law n. 3 of 21 January 2022.

We receive a request from a school “before proceeding with the suspension of a teacher not vaccinated (no dose) but cured of the covid, there is a period of time to wait before the suspension? “

The answer is yes. The teacher recovered from COViD 19 accesses the school premises to carry out his work with a reinforced Green Pass: vaccination or recovery.

Vaccination obligation: who it concerns

The school staff

  • of the national education system (therefore state and equal schools)
  • non-peer schools
  • of the educational services for children referred to in article 2 of the legislative decree 13 April 2017, n. 65
  • Provincial Adult Education Centers (CPIA)
  • of regional Vocational Education and Training (VET) systems
  • of the regional systems that carry out the higher technical education and training courses (ITS)

reinforced green pass means the COVID-19 green certification certifying the successful vaccination against Sars-Cov-2 or the recovery from the Covid-19 infection

Who does not fall under the vaccination obligation

How long does the Green pass from healing last

Those who have been cured of COVID-19 for no more than six months get the Green pass from healing. Read the FAQ

Therefore the school does not have to do anything before the 6 month deadline. At the deadline, the procedure for verifying the vaccination obligation can be started, with the times to be respected for the teacher’s response and the possible booking of the start of the vaccination cycle.

In fact, through the daily check for the staff in service, the Scholastic Management (or whoever is in charge of the fulfillment) will have the result “not in order” and therefore the procedure can be started. Here’s how the check works

Proceedings that will not necessarily lead to suspension.

The suspension process

The procedure, present in the DL, is summarized by the Ministry in the note dated 7 December 2021

The headmaster, without delay, invites the person concerned to produce, within five days of receiving the invitation:

a) the documentation proving the vaccination has been carried out;
b) the certification relating to the omission or postponement of the same;
c) the submission of the vaccination request to be carried out within a period not exceeding twenty days from receipt of the invitation;
d) the absence of the conditions for the vaccination obligation.

Upon expiry of said five-day term, in the event of non-presentation of the documentation, the school director immediately activates the procedure for non-compliance described in the next paragraph.

In the specific case referred to in letter c), i.e. in the case of presentation of the documentation certifying the vaccination request, the school director invites the interested party to immediately transmit, and in any case no later than three days from administration, the certification certifying compliance the vaccination obligation, to be carried out within a maximum period of twenty days following receipt of the invitation from the head teacher.

What is indicated in the article is the result of the reading / interpretation of the legislation. In any case, we also invite the management to discuss with the trade union structures in the area.

Vaccination obligation for teachers and Ata is law, text published in the Official Gazette [PDF]

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