Teleworking: In which cases can the employee request to work from home

The draft Joint Decision of the Ministers of Labor and Social Affairs, Kostis Hatzidakis and Health, Thanos Plevris, was put to public consultation today for a month. teleworking teleworkingat the request of the employee, specifying the relevant regulations of Law 4808/2021 on Labor Protection (Article 67).

The consulted JMC identifies the diseases of the employees that can document a risk to their health, which can be avoided if they are teleworked.

The procedure, through which the relevant application (for teleworking) of the employee to the employer is submitted, is also described.

Specifically, as mentioned in a relevant announcement, the main forecasts are the following:

An application to their employer for the provision of work with the telework system can be submitted by employees with the following diseases, illnesses or disabilities:

Neoplastic disease undergoing chemotherapy, radiotherapy or immunotherapy or biological or other targeted treatment or after the end of the treatment and until the satisfactory restoration of health.

2. Hematological malignancies under chemotherapy or radiotherapy or immunotherapy or after the end of treatment and until satisfactory recovery of health.

3. Solid organ transplantation with ≥ 2 immunosuppressive drugs.

4. Bone marrow transplant in the last year and / or taking ≥ 2 immunosuppressive drugs.

Chronic obstructive pulmonary disease (COPD) with FEV1 <50% and / or DLCO <40%.

6. Diffuse interstitial lung diseases with diffuse capacity <50%.

7. Chronic respiratory failure under home oxygen therapy.

8. Cystic fibrosis.

9. Heart diseases of any etiology with an ejection fraction less than or equal to 40% and uncompensated heart failure.

10. Major uncomplicated cardiac surgery (coronary artery bypass grafting, valve replacement), after the end of the sick leave.

11. Heart dysrhythmias with a history of recurrent seizures of more than two per year.

12. Severe symptomatic heart valve disease.

13. Chronic end-stage renal disease undergoing extrarenal dialysis.

14. Severe liver failure with uncompensated cirrhosis.

15. Primary immunodeficiencies or HIV infection with CD4 ≤200 / μl.

16. Idiopathic inflammatory or autoimmune diseases that require systematic administration of high doses of corticosteroids or immunosuppressants, biological or other targeted therapies.

17. Neurological diseases that require systemic administration of high doses of corticosteroids or immunosuppressants or biological or other targeted therapy.

18. Diseases with signs of muscle weakness of the respiratory muscles (severe myasthenia gravis or neuromuscular disease) mainly in periods of high risk of infection.

19. Neurological diseases with residual neurological deficit, after the expiration of the sick leave, which makes it difficult to go to work.

20. Motor neurone disease.

21. Epilepsy with documented more than three epileptic seizures per month.

22. Parkinson’s disease moderately severe or severe.

23. Malignant brain tumors.

24. Acute or chronic musculoskeletal problem, if it makes it difficult to go to work, after the end of sick leave.

25. Hemoglobinopathies (Mediterranean anemia, sickle cell disease, etc.) with frequent monthly transfusions.

26. Regulated diabetes mellitus under insulin therapy (HbA1c of the last 3 months ≥8.0% or average blood glucose ≥200 mg / dL in the last 7 days) or severe micro / macro vascular or other complications.

27. Insufficiently regulated endocrine disease (severe hypothyroidism, adrenal insufficiency, pituitary insufficiency, etc.) with severe clinical symptoms and / or periodic hospitalization.

28. Patients, after major surgeries in the postoperative period and after the end of the sick leave until the satisfactory restoration of health.

29. Pre-existing disability of at least 50%, regardless of the category of diseases, including the diseases included in the JMC No. Φ80100 / 24283/2022 “Revision of the list of irreversible diseases, for which the duration of disability is determined indefinitely” ( BD 1224) and, as each time the above table is formed, due to their possible or possible deterioration.

30. Women undergoing assisted reproduction during the stages of ovarian stimulation, embryo transfer and waiting, until the laboratory diagnosis of pregnancy.

Employees with the aforementioned diseases, illnesses or disabilities, apply to their employer for teleworking, submitting a medical opinion from the treating physician, which should indicate the exact case, the duration of teleworking, which will not exceed three months and the possible need to re-examine the employee to continue teleworking.

Employees with certified disability submit, in addition to the medical opinion and the corresponding decision of KEPA.

The employer, taking into account the views of the occupational physician of the company, must reply to the employee as soon as possible, but, in any case, not later than 15 days from the receipt of the application, whether he accepts the request or not.

If the request is accepted, the employee immediately begins to provide the work with the telework system.

If the employer does not accept the request, he will have to justify his decision.

The employee can request the resolution of the labor dispute from the Labor Inspectorate. In case the employer does not respond within 15 days, it is considered that the employee’s request has been accepted.

Finally, it is noted that the provisions of the JMC do not replace the current provisions for sick leave, due to illness or accidents that lead to temporary incapacity for work. They also do not replace or modify the provisions in force for the health and safety of workers and the supervision of their health by the occupational physician.