Updates on Parental Leave, Leave Under Law No. 104 of 1992, and Special Leave
Updated: Aug. 9, 2022
News No. 34/2022
Subject: New Provisions Regarding Mandatory Paternity Leave, Maternity Leave, and Parental Leave; Leave as Provided for in Article 33 of Law 104/1992; and Special Leave as Provided for in Article 42, Paragraph 5, of Legislative Decree 151/2001
On July 29, 2022, Legislative Decree No. 105 of June 30, 2022, was published in the Official Gazzetta . This decree implements EU Directive 2019/1158 of the European Parliament and of the Council of June 20, 2019, which sets out provisions aimed at improving the work-life balance for parents and caregivers, with the aim of achieving a shared division of caregiving responsibilities between men and women and gender equality in the workplace and at home, and which repeals 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 provided for in Article 33 of Law No. 104/1992 and the special leave provided for 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 as of August 13, 2022, while reserving the right to issue a specific circular shortly with further details.
a) Mandatory paternity leave
A father who is an employee takes leave from work for a period of 10 workdays (which cannot be split into hours and may be taken on a non-consecutive basis), within the timeframe ranging from 2 months prior to the expected date of delivery 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 (that is, the death of the child occurring between the 28th week of pregnancy and seven days after delivery).
In the case of a multiple births, the duration of maternity 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 (but not on the same days) of the alternative paternity leave referred to in Article 28 of Consolidated Law No. 151/2001 (that is, 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 that the child is placed in the father’s sole custody).
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