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Refund to employers for rest days of bone marrow donor workers

Publication: 04/03/2022

Bone marrow donation is a voluntary and free act carried out by an adult citizen registered in the Italian national register or in regional or interregional registries of bone marrow donors (article 4, Law no. 52 of 6 March 2001, and INPS Circular no. 97 of 15 September 2006).

A worker, who decides to donate the bone marrow, is entitled to collect the regular payment during the days committed for the donation. The employer will then ask INPS to reimburse the amount advanced to the worker.

The aforementioned days and authorisations are covered by imputed contributions.

The refund is reserved for private employers for the days and authorisations required for the donation and used by the employee insured with INPS, irrespective of the qualification and sector of work.

The employee has the right to collect the regular payment payments during the hospitalisation days necessary for bone marrow donation, and for the subsequent convalescence days necessary for the complete restoration of the donor's physical condition.
This allowance is also recognised for leave permits granted to the worker for the necessary time for preliminary investigations and bone marrow tests before the donation, as indicated below:

  • sample collected to identify genetic data or the HLA genetic system;
  • samples required to identify compatibility with patients awaiting transplant;
  • verification of the fitness to donate.

The allowance due to the donor, for daily and/or hourly absences, corresponds to the payment that would have been paid to him/her for normal work activity.
The right to the allowance is independent of the amount of bone marrow donated and it is paid even if, during the preliminary acts indicated above, no bone marrow is actually donated.

Employers that must submit contribution reports must offset the advance payments to the donors against the contributions and other sums due to INPS using the claim report for the month in which the same allowances were paid or the following month.
For the purpose of adjusting the allowances in question, the donor must deliver to the employer the health certificate issued by the hospital or authorised transfusion centres, which have rendered the health services inherent in the donation procedure.
The health certification must include:

  • the donor's personal details;
  • the hours of permit leave required for the investigations and samples preliminary to the donation, under Article 5, paragraph 1, Law 52/2001;
  • the days of hospitalisation required for bone marrow collection;
  • convalescence days, following collection, deemed necessary by the medical team of the transfusion center mentioned above for the complete recovery of the donor's physical condition, actually used.

The health certificate must be kept by the employer for at least ten years, in order to allow the Institute to carry out verifications.
Employers that must not submit contribution reports, can claim reimbursement of salaries paid to its dependent workers for the days and/or hours of permit leave required for bone marrow donation directly from INPS.
The claim for reimbursement of the remuneration paid must be sent online to INPS using the dedicated service and must be submitted by the end of the month following that in which the aforementioned salaries were paid.
The claim must enclose the health certificate delivered by the worker.