Parental Leave In Italy

Parental Leave In Italy

Italy is a nation that values families and offers a variety of benefits to help parents care for their young children. The social advantages help both parents, not just new mothers.

What Is Parental Leave(congedo parentale facoltativo) In Italy? 

Parental leave is time off from work provided to new parents so they may care for their kids. After the mandatory leave has ended, either the mother or the father may request a reduced paid leave for six months until the kid turns three (or within three years after the child’s adoption).

In addition to the 6-month leave, this benefit may be requested for five more months or until the kid becomes 12 years old. However, the applicable cash benefit may only be awarded if the claimant’s parent’s income is 2.5 times the minimum pension set by law for the current year.

You are eligible for financial benefits to replace income while on maternity/paternity leave and the optional additional parental leave.

Additionally, a diminished benefit is offered for periods of elective parental leave.

If you adopt children or take on guardianship, you are also qualified for these advantages.

Who Can Take Parental Leave In Italy?

Whether you are the mother or the father, you are eligible to apply for parental leave up until the age of 12 or the twelfth year following the adoption of the kid or the arrival of the child over whom you have guardianship. If you work alone, there are a number of rules that must be followed.

If you meet the requirements below, you may take parental leave:

  • You have a job, whether it be a full- or part-time one.
  • You share a home with your child.
  • You raise your child; therefore, you don’t enroll them in daycare.

Who Cannot Take Parental Leave In Italy?

You cannot apply for parental leave if you are a high school or university student, an intern, self-employed, or jobless.

How Extended Is Parental Leave Allowed In Italy?

Parental leave also lengthens the compensable term at the expense of Inps by 30%, from 6 to 9 months, without altering the maximum amounts of leave that parents may take (up to 3 months, non-transferable, to each parent for a total of 6 months).

Can I Share My Parent’s Leave With My Partner?

Each parent is entitled to parental leave on an equal basis. Your partner cannot inherit your claim.

When one parent passes away, the surviving parent is entitled to leave equal to the portion of their seven weeks that the dead parent did not use (referred to as transferred parent’s leave).

How To Apply For Parental Leave?

Before taking parental leave, you must notify your employer.

You are required to:

  • Give your notice in writing
  • Inform your employer at least six weeks before the start of the absence.
  • Include the start date, the method of taking the leave, and the length.

For further information about your job rights, get in touch with the Workplace Relations Commission’s Information and Customer Service. 

Can Your Employer Turn Down Your Request For Parental Leave?

Only if you do not qualify for parental leave can your employer reject your request.

Your company may delay your parent’s leave for up to 12 weeks. For the following circumstances, your employer could decide to delay your leave:

  • Seasonal differences in the amount of work
  • No substitute for completing your work
  • The type of work you do
  • the percentage of other employees who are also on parental leave
  • any more significant issues 

If A Delay On Your Parental Leave Causes You To Exceed The Two-Year Eligibility Period

Only in cases where an employer has rejected the initial dates within the 2-year window for business reasons may the eligibility term for parental leave (up to a child’s second birthday) be extended for a maximum of 12 weeks.

You must submit supporting documentation, such as confirmation from your employer outlining the reason for rejecting the original dates and confirming your employer has agreed to the revised dates with you when making an application for parent’s leave and parent’s benefit for dates outside the 2-year eligibility period.

Can You Be Fired In Italy While On Parental Leave?

Your employment is safe while you are formally on parental leave. The protection begins the minute you apply for parental leave. Only highly exceptional situations, such as when the firm filed for bankruptcy or when you inadvertently broke your contract, will allow the employer to terminate you.

If you take parental leave while still in the probationary phase, you are still covered by this employment protection. There is no universal rule as to whether the probation term will be prolonged for the time you are on maternity leave; it depends on your employment contract.

After your parental leave has ended, your employer may terminate your job with a three-month notice period.

It’s more complicated to fire an employee on maternity leave since the business needs regulatory authority consent.

Suppose you were unfortunate enough to lose your job while on maternity leave and think it was unfair. In that case, you have up to three weeks to file an appeal with the regulatory body in your area.

Parental Leave In Italy 1

Can You Resign In Italy While On Parental Leave?

You can, indeed! The notice time provided in your contract must yet be followed.

Parental Leave Allowance

Until the child turns three or within three years of the child’s adoption), working parents have the right to a reduced paid leave that lasts six months.

In the first three years of the child’s life or the three years after the kid enters the family, in the case of adoption or guardianship, it is equal to 30% of wages and paid for a maximum of six months between the two parents. If you work for the government, the first 30 days of your leave are compensated at 100% of your prior salary.

After the initial six months (and up until the kid becomes 12), you will get compensation for a further five months as allowed by law, provided that your salary does not exceed 2.5 times the minimum pension set by law for the current year.

Independent contractors have the option to take three months of unpaid leave during the first year of their child’s life, but they must also stop all employment.

After your required maternity leave has ended, you can take a maximum of six months of authorized private or public child services, a donation toward the cost of public child services, or a voucher for babysitting services.

In the case of non-pre-adoptive guardianship, a period of leave of 3 months is provided, which can be taken in fractions over the course of 5 months from the date on which guardianship is assumed. Parents of adopted children or children over whom guardianship has been assumed are entitled to the same forms of protection.

You must submit a claim for maternity, paternity, or optional parental leave benefits to your employer or the INPS if enrolled with the INPS. One of the techniques must be used to submit claims directed to the INPS.

Before starting maternity leave and, in any event, by a year following the conclusion of the allowance period, electronic claims must be submitted.

If you are a worker, you must use one of the aforementioned electronic reporting options to submit your child’s birthdate and any pertinent information within 30 days of the baby’s arrival.

Independent contractors are required to file an electronic claim following the birth.

To get cash maternity/paternity benefits, you must present an original copy of your medical certificate of pregnancy and any other health documents to the appropriate INPS Office, either in person or by sending a letter by registered mail in a sealed envelope.

Please write the following on the envelope holding a medical health certificate:

  • protocol number generated during the online sending process;
  • a medical health certificate with the wording “maternity/paternity claim evidence.”

You must visit the website of the social security organization to which you belong if you are an independent professional.

Conclusion

The length of parental leave is entirely up to the parent’s discretion (up to three years). It is entirely up to the family and their arrangement with their employer to divide the parental leave. Even after her maternity leave has ended, a mother may continue on parental leave.

Cultural norms and legal requirements for parental leave differ from nation to nation. To close the gender gap in working and at home, progressive countries are looking to mandate maternity and paternity leave benefits.