Navigating maternity and paternity leave in Italy is vital for both employers and employees to understand their rights, responsibilities, and the processes involved. This guide provides an overview of the duration, required documentation, and the steps to request leave. We’ll also explore the financial aspects, such as salary entitlements provided by the Italian government.
Maternity leave in Italy
Maternity leave in Italy is a crucial aspect of employee rights, designed to ensure the health and well-being of both mother and child while allowing the mother to recover and bond with her newborn.
Length of maternity leave
In Italy, maternity leave, known as “Congedo di Maternità,” typically lasts for 5 months, divided into:
- Pre-birth leave (2 months before the due date): The law mandates that pregnant employees take 2 months of leave before the expected delivery date. However, a recent law allows women to work until the ninth month if they wish, provided their health permits and their doctor approves.
- Post-birth leave (3 months after birth): Following the birth, the mother is entitled to 3 months of leave to recover and care for the newborn. This period can be extended in cases of premature birth or complications.
Requesting maternity leave
The process for requesting maternity leave in Italy involves several steps and requires proper documentation:
- Notification to Employer: The employee must inform their employer of their pregnancy and the intended start date of their maternity leave at least 2 months before the due date. This notification should be accompanied by a medical certificate confirming the pregnancy and expected delivery date.
- INPS Notification: The employee must also notify the National Social Security Institute (INPS) either online, through a CAF (Tax Assistance Center), or by contacting INPS directly.
Salary during maternity leave
During maternity leave, the employee is entitled to receive 80% of their average daily salary, paid by the INPS. However, many employers offer an additional top-up to ensure that the employee receives full salary during the leave period. This top-up is often outlined in the employee’s contract or collective bargaining agreements.
Paternity leave in Italy
Paternity leave in Italy is recognized as essential for allowing fathers to support the mother and bond with the newborn during the early stages of life.
Length of paternity leave
Paternity leave in Italy, known as “Congedo di Paternità,” is currently set at 10 working days, which must be taken within the first 5 months following the birth or adoption of a child. This leave is fully paid and mandatory, ensuring that fathers are present during the critical early days of their child’s life.
Requesting paternity leave
The process for requesting paternity leave in Italy is relatively straightforward:
- Notification to Employer: The father must notify the employer in writing of the days on which he intends to take the leave, at least 5 days in advance. This notification should include the expected date of the birth or the actual birth date if applying post-birth. The father must provide a copy of the birth certificate of the child as proof.
- INPS Notification: Similar to maternity leave, the father must notify INPS to secure the paternity leave benefit. only in case of direct payment by INPS the application is submitted online
Salary during paternity leave
During paternity leave, the father receives 100% of his salary, funded by the INPS. This ensures that the father can take time off without financial stress, allowing him to focus on supporting the mother and bonding with the newborn.
Parental leave in Italy
Parental leave in Italy is available to parents following the birth or adoption of a child. It is an extension of maternity and paternity leave and provides both parents with additional time to care for their child during the early years.
Eligibility for parental leave
Parental leave is available to all employees in Italy, whether they are full-time, part-time, or on fixed-term contracts. Both parents are eligible to take leave, but there are certain conditions to be aware of:
- Parents can take parental leave up until the child reaches the age of 12.
- The leave can be taken continuously or in separate periods, allowing flexibility in managing work and family responsibilities.
Duration of parental leave
The duration of parental leave in Italy is structured as follows:
- Each parent is entitled to up to 6 months of parental leave, for a total combined duration of 10 months. However, if the father takes at least 3 months of leave, this can be extended by an additional month, bringing the total to 11 months.
- For single parents, the total entitlement is 10 months of leave.
This flexibility allows parents to choose how they split their parental leave, whether by alternating periods of leave or taking it simultaneously, depending on their family’s needs.
Requesting parental leave
The process for requesting parental leave in Italy is relatively simple but requires proper notification:
- Notice to Employer: Employees must notify their employer at least 5 days in advance of the intended start date of the parental leave. This can be done in writing, and in some cases, through the company’s HR system or portal.
- INPS Notification: Employees must also notify INPS (National Social Security Institute) to apply for the parental leave benefit. This can be done online through the INPS portal, by contacting a CAF (Tax Assistance Center), or directly at an INPS office.
Salary during parental leave
Unlike maternity and paternity leave, the salary during parental leave in Italy is not fully covered. Instead, parental leave benefits are calculated as follows:
- For the first 6 months of leave, employees are entitled to 30% of their regular salary, paid by INPS.
- For additional leave beyond the initial 6 months, no salary is paid unless the child is under 6 years of age. In this case, the 30% salary benefit can continue to be paid.
It is important to note that some employers may offer additional compensation during parental leave, depending on the collective bargaining agreement or specific company policies.
Flexibility of parental leave
Parental leave in Italy is designed to offer flexibility to parents, allowing them to take leave in full or part-time. Parents can choose to take:
- Full-time leave: for an uninterrupted period.
- Part-time leave: This allows parents to reduce their working hours by 50% during the leave period. This option provides additional flexibility for employees who wish to continue working while still dedicating time to caring for their child.
Navigating maternity and paternity leave in Italy
Understanding the regulations surrounding maternity and paternity leave in Italy is essential for maintaining compliance and ensuring a supportive workplace environment. Employers and employees alike must be aware of their rights and responsibilities to manage these life events smoothly.
At Parakar, we specialize in helping businesses navigate the complexities of Italian employment law. Whether you need assistance with managing leave requests or understanding the financial implications, our team of experts is here to guide you every step of the way.
Contact Parakar today to ensure your business is well-prepared to support your employees during maternity and paternity leave, fostering a positive and compliant workplace environment.
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