Taking maternity and paternity leave “exclusively after childbirth”

In a circular, INPS provides guidelines for taking maternity and paternity leave exclusively after childbirth, as provided for in the 2019 Budget Law.

This option is also available to female workers enrolled in the separate pension scheme.

Specifically, effective January 1, 2020, women have been granted the right to take their full postpartum leave provided that, by the end of the seventh month of pregnancy, they submit one or two medical certificates: one from a specialist physician in the National Health Service (or affiliated with it) and, where applicable, one from the physician responsible for occupational health and safety.

The certification(s) must explicitly state that choosing this option poses no risk to the health of the pregnant woman or the unborn child, and must be submitted to the employer and the INPS.

The start date of the leave varies depending on what the certificate states regarding the absence of health risks, specifically:

• If the medical certificate confirms that there are no health risks up to the expected date of delivery, the employees will be deemed fit to work until the day before that date, and the five-month leave will begin on the expected date (regardless of the actual date of the child’s birth).

  • Sample Certificate:

  • Estimated due date: June 26, 2020.

  • Date of birth: July 1, 2020 – the mother has been on leave from work since that date – LEAVE BEGINS ON June 26, 2020,

  • The days from June 26 to June 30 will be counted toward the 5-month period but will not be covered by compensation, as they will be worked and normally paid by the employer.

• If the certificate states that there is no risk to health until the time of delivery, should it occur on a date later than the expected date, the workers will be deemed fit to work until the day before the actual delivery, and the 5-month leave will begin on the actual date of delivery.

  • Sample Certificate: estimated due date: June 26, 2020.

  • Date of birth: July 1, 2020

  • LEAVE BEGINS ON 07/01/2020, 2

  • The days from June 26 to June 30 will not be included in the 5-month period and will be worked and paid at the employer’s standard rate.

A pregnant employee who is taking advantage of flexible work arrangements (leave starting one month before the expected date of delivery and continuing for four months after delivery) may choose, during the eighth month itself, to continue working by exercising her right to take post-delivery leave.

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