Use of maternity and paternity leave 'exclusively after childbirth'
- January 24, 2020
- Reading time: 4 min
Update: March 15, 2022
The INPS (Italian National Social Security Institute) has issued a circular providing guidance on taking maternity and paternity leave exclusively after childbirth, as provided for in the 2019 Budget Law.
This method of use is also recognized for female workers enrolled in the separate pension scheme.
Specifically, as of January 1, 2020, it has been possible to take full advantage of postnatal leave upon submission, by the end of the seventh month of pregnancy, of one or two certificates: one from a specialist doctor belonging to the National Health Service (or affiliated with it) and, where applicable, one from the doctor responsible for prevention and health protection in the workplace.
The certificate(s) must explicitly certify that this option does not pose a risk to the health of the pregnant woman and her unborn child, and must be sent to the employer and the INPS (Italian National Social Security Institute).
The start date of the leave varies depending on what the certificate states regarding the absence of harm to health, specifically:
If the certificate attests to the absence of health risks up to the expected date of delivery, workers will be considered fit to work until the day before that date, and the five-month leave will start from the expected date (regardless of the actual date of birth of the child).
Certificate example:
Estimated date of delivery: June 26, 2020.
date of birth: 07/01/2020 - from the same date, the mother will be absent from work - LEAVE STARTS FROM 06/26/2020,
The days from June 26 to June 30 will be counted in the five months but will not be covered by compensation as they will be worked and normally paid by the employer.
If the certification attests to the absence of health risks until the event of childbirth, should it occur after the expected date, female workers will be considered fit to work until the day before the actual birth, and the five-month leave will start from the actual date of birth.
Certificate example: estimated date of birth: 06/26/2020.
date of birth: 07/01/2020
LEAVE STARTS FROM 07/01/2020, 2
The days from June 26 to June 30 will not be counted in the five months and will be worked and paid normally by the employer.
Pregnant workers who take advantage of flexible working arrangements (leave from the month before the expected date of birth and for four months after giving birth) may choose, during the eighth month of pregnancy, to extend their working life by taking advantage of the option to take leave after giving birth.