2021 Parental Leave

Under Decree-Law No. 30 of March 13, 2021, the legislature established paid leave for the care of minor children under the age of 14 living in the same household, in the following cases:

• children with SARS-CoV-2;

• in quarantine due to exposure;

• with in-person classes suspended.

This leave may, however, be taken without age restrictions to care for children with disabilities that have been certified as severe pursuant to Article 4, paragraph 1, of Law No. 104 of February 5, 1992, enrolled in schools of all levels for which in-person instruction has been suspended, or who are enrolled in daycare centers for which closure has been ordered.

This leave may be taken by parents who are employees in the private sector only in cases where the work cannot be performed remotely and as an alternative to the other parent living with the child. In the case of a child with a severe disability, the cohabitation requirement does not apply.

For periods of leave taken, an allowance equal to 50% of pay is granted, and these periods are covered by imputed contributions.

Parents of children aged 14 to 16 have the right to take leave from work without pay or compensation, and without receiving credit for social security contributions, while being protected from dismissal and retaining their jobs. In this case, however, requests for such leave must be submitted only to employers and not to INPS.

This leave applies to parents who are employees. Therefore, both self-employed parents and parents enrolled in the Separate Pension Scheme are excluded from this provision.

This leave may be taken by one parent or both, but not on the same days, during periods of SARS-CoV-2 infection, during contact quarantine (regardless of where it occurs), or during the suspension of in-person instruction for a minor child under the age of 14 living in the same household. The requirement of cohabitation and the age limit of 14 do not apply for the care of children with disabilities in situations of verified severity pursuant to Article 4, paragraph 1, of Law No. 104/1992, enrolled in schools of all levels for which in-person instruction has been suspended or placed in daycare centers for which closure has been ordered.

Requirements for taking parental leave without severe disability

In order to be eligible for the leave in question, all of the following conditions must be met all of the following

requirements:

1. The parent must be currently employed. In the absence of employment from which to take leave, the right to leave does not exist. Consequently, if the employment relationship is terminated or suspended while the parent is taking the leave in question, the right to such leave ceases, and the days following the termination or suspension cannot be compensated. For these reasons, the parent must promptly inform the Institute of any change in their employment status;

2. The parent must not be able to work remotely, as the leave in question is available only in cases where it is not possible to work remotely;

3. The child for whom the leave is taken must be under 14 years of age; therefore, once the child turns 14, the leave can no longer be taken;

4. The parent and the child for whom the leave is taken must live together throughout the entire period of the leave. Cohabitation is deemed to exist when the child is registered as residing at the same address as the parent requesting the leave. Therefore, if the parent and child are registered as residing at two different addresses, the leave cannot be taken, as factual circumstances are not taken into account. In the case of custody or placement of the minor, cohabitation is inferred from the custody or placement order granted to the employee requesting the leave;

5. One of the following conditions must apply with respect to the child for whom the leave is being taken:

   1. a SARS-CoV-2 infection, as evidenced by a certificate or statement from the family physician or pediatrician of choice, or by a decision or notification from the local public health authority with jurisdiction over the area. All such documentation must include the child’s name and the duration of the restrictions specified therein;

   2. the contact quarantine for the child (regardless of where it occurred), ordered by a directive or notice from the Prevention Department of the local public health authority with jurisdiction over the area;

   3. the suspension of in-person instruction ordered by a measure adopted at the national or local level or by individual schools, specifying the duration of the suspension.

Requirements for taking leave for children with severe disabilities

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