Law 104 Permissions: How to Identify Abuse and Consequences

Do you think one of your employees is abusing the permissions granted under Law 104?

If the answer is affirmative, unfortunately, you are not alone: often, further investigations confirm the initial suspicions, followed by the gathering of evidence and, consequently, the termination of the employee.

But how should you proceed in such a situation and whom should you contact to avoid engaging in illicit activities and to ensure you remain on the right side?

In the following paragraphs, we will explain who falls under Law 104, the rights and obligations of those who benefit from it, potential sanctions for violations, and the professional figures you can turn to in order to resolve the situation.

Law 104 Permissions: what can be done

The source we refer to is Law 104 of February 5, 1992, which establishes the right to assistance, integration, and protection of people with disabilities.

The following cases fall under this category:

• Blind, deaf, visually impaired, deaf-blind individuals
• Individuals with autism (in the medium and low functioning spectrum)
• Amputees
• Children and adults with Down syndrome
• Individuals with specific psychiatric disorders
• Individuals with physical disabilities.

The legislation also extends to those who provide assistance to individuals with disabilities, as long as they are the spouse, parent, child, or a relative of the second degree to the person being assisted (for example, a sibling, grandparent, or grandchild).

The provisions allow those entitled to have 3 days of monthly leave in addition to the accumulated leave recorded in their payslips, which can be used either in full or in fractional mode (in terms of hours).

Some of the purposes outlined in Law 104 include medical visits, hospital therapies, rest periods, and, for family members, caregiving duties.

Can caregivers travel outside their place of residence during their leave days?

Yes, as long as the caregiver accompanies the disabled individual and only if the latter requires a period of travel (for example, to a thermal resort or a hospital facility for therapies), preferably with written authorization from the attending physician.

Naturally, one of the necessary conditions for undertaking a trip is to ensure the custody and assistance of the disabled person.

The aforementioned applies both within Italy and abroad, but never for recreational purposes.

Can those benefiting from Law 104 be monitored?

Certainly: it is legitimate for you to monitor employees who benefit from Law 104, especially when suspicions of abuse arise.

The verification process can be initiated by the National Social Security Institute (INPS) or directly by your company. In the latter case, we recommend engaging the services of a private investigator.

Only an expert knows when and how to act, fully respecting the current regulations (primarily Law 300 of May 20, 1970, which safeguards the company's assets).

In almost all cases, the evidence consists of photographs and videos taken in places or situations that demonstrate clear inconsistencies between the declared reasons for leave and the actual facts.

Abuse of Law 104 permissions

Improper use of the leave days granted under Law 104 justifies the engagement of a detective, both within and outside the workplace.

However, caution is required: the assessment of abuse cannot be made disregarding the employee's shifts but should take them into account.

An employee who was supposed to be present during the 8:00 am to 4:00 pm time slot is not subject to disciplinary measures or sanctions if they are seen outside their home at 6:00 pm, perhaps running errands.

The same applies to night shifts (e.g., from 9:00 pm to 5:00 am). If the disabled person or caregiver is at home (or with the assisted individual) during the shift period, no offense is committed, even if they went out in the morning or afternoon.

Consequences of abuse

Termination of employment is not the only consequence of such behavior: it is not just a violation but an actual crime (improper perception of public funds). The employer is not the only party affected; the INPS, responsible for disbursing the amounts, is also harmed.

If you suspect abuse by an employee, you can hire a professional to obtain confirmation.

With documented evidence and testimonies in hand, you can terminate the contract with the individual in question without notice and for just cause.

In addition to losing their job, in Italy the employee will be required to pay a fine ranging from €5,164 to €25,822, provided that the amount received from the INPS is less than €3,999.96.

If the threshold is exceeded, a prison sentence of 6 to 36 months may be imposed.

How to uncover abuse of Law 104 permissions?

One of the most reliable solutions to uncover irregularities regarding the leave granted under Law 104 is to contact an investigative agency.

Only in this way can you obtain evidence or denials regarding your employees and collaborators in a short period of time.

Before entrusting the task to a detective, ensure that they offer reliability and professionalism. Verify their training and, above all, their possession of a valid license issued by the Prefecture, which is essential for conducting such activities.