News on Parental Leave, Leave under Law 104/92, and Special Leave
- Studio Piceci
- August 8, 2022
- Reading time: 9 min
Update: August 9, 2022
News . 34/2022
Subject: New provisions on compulsory paternity leave, maternity leave, and parental leave, leave referred to in Article 33 of Law 104/1992, and special leave referred to in Article 42, paragraph 5, of Legislative Decree 151/2001
Gazzetta July 29, 2022, Legislative Decree No. 105 of June 30, 2022, 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 in the family, 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, paternity, and parental leave, as well as leave pursuant to Article 33 of Law No. 104/1992 and special leave pursuant to Article 42, paragraph 5, of Legislative Decree No. 151/2001 with reference to employees in the private sector.
1) New developments regarding maternity, paternity, and parental leave
With message no. 3066 of August 4, 2022, INPS provided the first relevant guidelines for the recognition of the related allowances, which will come into effect on August 13, 2022, reserving the right to issue a specific circular with details in the near future.
a) Mandatory paternity leave
The father, who is an employee, takes leave from work for a period of 10 working days (which cannot be divided into hours and can also be taken on a non-continuous basis), during the period from 2 months before the expected date of birth to 5 months after the birth (no longer only within 5 months after the birth). The leave can also be taken, within the same time frame, in the event of the perinatal death of the child (i.e., the death of the child between the 28th week of pregnancy and seven days after birth).
In the case of multiple births, the duration of leave is increased to 20 working days.
The leave also applies to adoptive or foster fathers.
The days of leave can also be taken by the father during the working mother's maternity leave and are compatible with the use (but 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 death or serious illness of the mother, or abandonment, as well as in the event of sole custody of the child by the father).