Use of maternity and paternity leave 'exclusively after childbirth'

INPS, through a News, provides indications for the use of maternity and paternity leave exclusively after childbirth, as provided for by the 2019 Budget Law.

This method of use is also recognized for female workers registered in the separate management scheme.

Specifically, with effect from January 1, 2020, it has been made possible to take full leave following childbirth, upon release by the end of the seventh month of pregnancy, of one/two certifications: one by a specialist doctor of the NHS (or affiliated with it) and, if present, one by the competent doctor for the purposes of prevention and protection of health in the workplace.

The certification(s) must explicitly certify the lack of prejudice to the health of the pregnant woman and the unborn child in the choice of this option, and must be transmitted to the employer and the INPS.

The commencement of 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 until the presumed date of delivery, female employees will be deemed fit to work until the day before that date, and the 5-month leave will commence from the presumed date (regardless of the actual birth of the child).

  • Certificate Example:

  • Presumed delivery date: 06/26/2020.

  • Delivery date: 07/01/2020 - from the same date, the mother is absent from work - LEAVE COMMENCES FROM 06/26/2020,

  • The days from 06/26 to 06/30 will be counted in the 5 months but not covered by indemnity as they will be worked and normally paid 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 later than the presumed date, female employees will be deemed fit to work until the day before the actual delivery, and the 5-month leave will commence from the actual date of delivery.

  • Certificate Example: Presumed delivery date: 06/26/2020.

  • Delivery date: 07/01/2020

  • LEAVE COMMENCES FROM 07/01/2020, 2

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

A pregnant worker who benefits from flexibility (abstention from the month preceding the presumed date of delivery and in the four months following delivery) can choose, during the eighth month itself, to prolong her working activity by availing herself of the option to take leave after delivery.

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