Notice of Termination in the Event of Resignation by a Working Father During the Protected Period
- May 2, 2023
- Reading time: 4 min
News Flash No. 12/2023
Subject: Instructions for Payment of the Severance Fee in the Event of Resignation by a Working Father During the Period Protected by the Prohibition on Dismissal and the Pilot Implementation of the New NASpI Application Procedure
We are following up on our News Flash No. 09 of April 6, 2023, in which we addressed the issue of payment of the severance fee in the event of resignation during the protected period by a father who has taken and/or is taking mandatory paternity leave and/or leave in lieu of the mother’s leave.
In its Notice No. 1356 of April 12, 2023, INPS issued operational instructions regarding the payment of the severance allowance in the event of the resignation of a working father during the period protected by law.
The INPS notes that if an employee resigns during the period in which mandatory paternity leave may be taken (10 days, which may be taken on a non-consecutive basis starting two months before the expected date of birth and continuing up to five months after the actual birth) or during the period of paternity leave taken as an alternative to the mother’s leave—and this applies until the child reaches one year of age— there is generally a prohibition on dismissal.
Any termination of employment issued during this protected period is null and void.
Furthermore, during the period in which the prohibition on dismissal is in effect, if an employee who is on mandatory paternity leave or alternative paternity leave voluntarily resigns, the employee “is entitled to the severance pay provided for by law and the employment contract in the event of termination. Employees who resign during the aforementioned period are not required to give advance notice.”
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