Enjoyment of Maternity and Paternity Leave 'Exclusively After Childbirth'

INPS, through a News, provides guidelines for taking maternity and paternity leave exclusively after childbirth, as stipulated by the 2019 Budget Law.

This mode of enjoyment is also recognized for female workers registered with the separate management scheme.

Specifically, effective January 1, 2020, the option was introduced to take full leave following childbirth, provided that one or two certifications are issued by the end of the seventh month of pregnancy: one from a specialist doctor of the National Health Service (SSN) (or affiliated with it) and, if applicable, one from the competent physician for the purpose of health prevention and protection in the workplace.

The certification(s) must explicitly attest to the absence of prejudice to the health of the pregnant woman and the unborn child when opting for this choice, and must be transmitted to the employer and INPS.

The commencement date of the leave varies depending on what the certificate attests regarding the absence of prejudice to health, specifically:

• If the certification attests to the absence of prejudice to health up to the estimated date of childbirth, female workers will be considered fit to work until the day preceding that date, and the 5-month leave will commence from the estimated date (regardless of the child's actual birth).

  • Example of Certificate:

  • Estimated date of childbirth: 26/06/2020.

  • Date of childbirth: 01/07/2020 - from the same date, the mother takes leave from work - LEAVE COMMENCES FROM 26/06/2020,

  • The days from 26/06 to 30/06 will be counted within the 5 months but will not be covered by indemnity, as they will be worked and normally remunerated by the employer.

• If the certification attests to the absence of prejudice to health until the event of childbirth, should it occur on a date subsequent to the estimated one, female workers will be considered fit to work until the day preceding the actual childbirth, and the 5-month leave will commence from the actual date of childbirth.

  • Example of Certificate: Estimated date of childbirth: 26/06/2020.

  • Date of childbirth: 01/07/2020

  • LEAVE COMMENCES FROM 01/07/2020, 2

  • The days from 26/06 to 30/06 will not be counted within the 5 months and will be worked and normally remunerated by the employer.

A pregnant worker who benefits from flexibility (abstention from the month preceding the estimated date of childbirth and in the four months following childbirth) may choose, during the eighth month, to extend her working activity by exercising the option to take leave after childbirth.

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