2021 Leave for Parents

The legislator, with decree-law no. 30 of March 13, 2021, has provided for compensated leave for the care of cohabiting children under the age of 14, in cases of:

• children affected by SARS Covid-19;

• quarantine due to contact;

• suspended in-person educational activities.

This leave can instead be used without age limits for the care of children with disabilities in a situation of certified severity pursuant to Article 4, paragraph 1, of Law No. 104 of February 5, 1992, enrolled in schools of all levels for whom the suspension of in-person educational activities has been ordered or who are hosted in day-care centers of an assistance nature for which closure has been ordered.

This leave can be used by employed parents in the private sectoronly if the work activity cannot be carried out in agile mode 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 is not required.

For the periods of absence used, an allowance equal to 50% of the remuneration is recognized and the periods are covered by imputed contributions.

For parents of children aged between 14 and 16, there is the right to refrain from work without payment of remuneration or compensation, nor recognition of imputed contributions, with a ban on dismissal and the right to retain the job. In this case, however, the related applications for abstention from work must be submitted only to employers and not to INPS.

The leave concerns employed parents. Therefore, both self-employed parents and parents registered with the Separate Management are excluded from the measure.

The leave can be used by only one of the parents or by both, but not on the same days, for periods of SARS Covid-19 infection, for the period of quarantine from contact, wherever it occurred, or for the period of suspension of in-person educational activities of the cohabiting child under the age of 14. The cohabitation requirement and the age limit of 14 years do not apply to the care of children with disabilities in a situation of certified severity pursuant to Article 4, paragraph 1, of Law No. 104/1992, enrolled in schools of all levels for whom the suspension of in-person educational activities has been ordered or hosted in day care centers of an assistance nature for which closure has been ordered.

Requirements for using leave for children without severe disabilities

In order to be able to take the leave in question, all of the following

requirements must be met:

1. the parent must have an existing employment relationship. In the absence of a work performance from which to abstain, the right to leave does not exist. It follows that in the event of termination or suspension of the employment relationship during the use of a period of leave in question, the right to the leave itself ceases and the days following the termination or suspension cannot be compensated. For these reasons, the parent must promptly inform the Institute of the change in the employment relationship;

2. the parent must not be able to work in agile mode, as the leave in question can only be used in cases where it is not possible to carry out work activities in agile mode;

3. the child for whom the leave is used must be under the age of 14; therefore, upon reaching the age of 14, the leave can no longer be used;

4. the parent and the child for whom the leave is used must live together throughout the period of use of the leave itself. Cohabitation is considered to exist when the child has their registered residence in the same dwelling as the requesting parent. Therefore, if the parent and child are registered in two different dwellings in the Registry Office, the leave cannot be used, and de facto situations are irrelevant. In the case of custody or placement of the minor, cohabitation is inferred from the provision of custody or placement to the worker requesting the leave;

5. one of the following conditions must exist in relation to the child for whom the leave is used:

   1. the SARS Covid-19 infection, resulting from certification/attestation by the general practitioner or pediatrician of free choice, or from a provision/communication from the ASL with territorial jurisdiction. All of the aforementioned documentation must indicate the name of the child and the duration of the prescriptions contained therein;

   2. the quarantine from contact of the child (wherever it occurred) ordered with a provision/communication from the Prevention Department of the ASL territorially competent;

   3. the suspension of in-person educational activities ordered with a provision adopted at the national, local or by individual school structures, containing the duration of the suspension.

Requirements for using leave forchildren with severe disabilities

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