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testo in Italiano

ATO.Puglia@excite.it



To the Minister Of the Health
Prof. Girolamo Sirchia
P.C. Á. the Manager of the Center National Transplantation.
Dr. Nanni Costa
To the Assessorato Á. the Regional Health Pugliese
Dr. Salvatore Mazzaracchio
To the Coordinator Regional Region Puglia
Prof. Paolo Schena

Object: absences workers for donation day organ or portion of it.

Kind sig. Minister

The recent episode needed to a lady forced by his/her own employer to resort to the vacations to be able to give a kidney to his/her own darling, has bossily proposed the normative void that is in force in such subject.

As the art it is known. 5, first period, of the law n.458 of June 26 th 1967 that it regulates the transplantation of the kidney among living people. This way performance: " For the surgical intervention of the collecting of the kidney, the donor is acknowledged to enjoy some benefits foreseen by the laws vigenti for the autonomous workers or subordinates in state of infirmity

nd' clear that the days of absence before, during and after the surgical intervention you are goes considered in the ambìto of the regime of illness and not in the regime day vacations.

The state day illness however, in which vein the worker doesn't concern the Benefits foreseen by the art. 5 but the ordinary guardianship of the rights to the health. For benefit instead, yes you/he/she intends, for instance, how much foreseen by the art. 13, L. 04/05/1990 n.107s that replacing the art. of the law n.584 of July 3 rd 1967, recognizes to the donors of blood the right to abstain from the job for the whole day when it effects the donation preserving the normal salary for the whole working day,

Identically, for ` benefit has to intend him the norm Foreseen by the art. 5 of the law 6/03/01 n.52 that guardianship adequately the workers that intend to give blood and marrow. You recognizes them, in fact, the right to permissions remunerated for undergoing himself/herself/themselves to the collectings as well as the right tall maintenance of the salary for the necessary days of hospitalization for the collecting and for the following days to the donation, with accreditation of the relative Social Security contributions.

These benefits are not anticipated neither for the donor of kidney from living, neither for the partial donor of liver whose relative discipline (paragraph 2, art. 1, law 16 December 1999 ns. 483), it postpones n.458/67 to the dispositions of the law.

And anchor, to the donor of kidney from living and the partial donor of liver, Not and guaranteed the insurance against the inherent mediate and future risks to the operating intervention and the suffered impairment (period of the art. 5, L. 5/8/67) rule I reduced some law 458, that you/he/she would have made operational such guarantee, you/he/she has Never been emanated by the Office of the Health, despite the art. decidedly 8 affirm that, The Office for the health, of concert with the Office for the job and the social foresight it will emanate the rule of execution of the present Law within six months from his gone into effect
THEY ARE DEPARTED TRENTASEI ANNI OF VIGENZA DI THE LAW!

In the last legislature a correction has been launched of which You, sig. Minister, you/he/she has been one of the components that deepened the inherent problem list the donation of kidney among living people. The conclusions to which it is reached in the fattispecie (also with the contribution of the A.N.D.V.O. Association National Donors Organs among Living, representative in such assembly of the Forum Nazionale Transplanted), they are the followings: it it is necessary to foresee for the donor of kidney from living the right of absence on the job in the period corresponding to the checks and to the surgical intervention Without. The Calculation In the Period Of Illness and suitable Coverages ASSICURATIVE in case of damage for the health caused by the donation.

As of often happens, the good intentions have remained dead letter!

Let's turn her, therefore an appeal, sig. Minister, so that this normative void is filled through the assumption, from the office from You forehand, of a provision whose dresses giuridico/formale this Office will want to hold to the necessity more, suitable.

Pio Bove
Coordinator FORUM Nazionale

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