Updates on Parental Leave, Leave Under Law 104 of 1992, and Special Leave
- August 9, 2022
- Reading time: 9 min
Updated: August 9, 2022
News . 34/2022
Subject: New provisions regarding mandatory paternity leave, maternity leave, and parental leave; leave under Article 33 of Law 104/1992; and special leave under Article 42, paragraph 5, of Legislative Decree 151/2001
On July 29, 2022, Legislative Decree No. 105 of June 30, 2022, was published in Gazzetta , implementing EU Directive 2019/1158 of the European Parliament and of the Council of June 20, 2019, laying down provisions aimed at improving the work-life balance for parents and caregivers, with a view to achieving the sharing of care responsibilities between men and women and gender equality in the workplace and family life, and repealing Council Directive 2010/18/EU.
Consequently, INPS messages No. 3066 of August 4, 2022, and No. 3096 of August 5, 2022, provide initial guidance on maternity leave, paternity, and parental leave, as well as regarding the leave referred to in Article 33 of Law No. 104/1992 and the special leave referred to in Article 42, paragraph 5, of Legislative Decree No. 151/2001 with reference to private-sector employees.
1) Updates on maternity, paternity, and parental leave
In Message No. 3066 dated August 4, 2022, INPS provided the first relevant guidelines regarding the eligibility for the related benefits, which will take effect on August 13, 2022, reserving the right to issue a specific circular with details in the near future.
a) Mandatory paternity leave
A father who is an employee takes leave from work for a period of 10 working days (that cannot be split into hours and may be taken intermittently), within the timeframe from 2 months prior to the expected date of birth up to 5 months after the birth (no longer limited to the 5 months following birth). The leave may also be taken, within the same timeframe, in the event of perinatal death of the child (i.e., the death of the child occurring between the 28th week of pregnancy and seven days after delivery).
In the case of multiple births, the duration of the leave is extended to 20 working days.
This leave also applies to adoptive or foster fathers.
The father may take these days of leave even while the working mother is on maternity leave, and they are compatible with the use (though not on the same days) of the alternative paternity leave referred to in Article 28 of Consolidated Law No. 151/2001 (i.e., the alternative leave to which the father is entitled in the event of the mother’s death or serious illness, or abandonment, as well as in the event of the child being placed in the father’s sole custody).
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