News coming soon for parents on the front parental leave, maternity e paternity. From 13 August 2022, thanks to Legislative Decree number 105 of 2022, a series of provisions resulting from the transposition in Italy of Directive (EU) 2019/1158 will come into force, with the aim of facilitating parents to reconcile family and work life.
While waiting for the INPS to adapt the telematic platforms to forward the Required Knowledgelet's see what changes from 13 August on parental leave, paternity leave, maternity leave for self-employed women, priority of smart working for those with children or the elderly or disabled to be assisted with permits under law 104.
Mandatory paternity leave: what changes
The new article 27-bis of the Consolidated Law recognizes the employee father a leave of 10 working days (not divisible by the hour and usable even on a non-continuous basis), in the time span ranging from the 2 months preceding the expected date of birth to the 5 months following the birth. The leave can be used "within the same period of time, even in the event of the perinatal death of the child".
In case of multiple births duration switches to 20 days working.
Furthermore, the leave is:
- usable by the father even during the maternity leave of the working mother;
- also applicable to the adoptive or custodial father;
- also recognized to the father who benefits from the "alternative" paternity leave referred to in article 28 of the Consolidated Law.
- for the entire duration of the compulsory leave, the working father will be recognized adaily allowance equal to 100% of the salary, as foreseen for the working mother.
Parental leave: the news to come
The innovations referred to in Legislative Decree number 105 do not spare parental leave for employees.
In light of the new legislation, the eligible periods of parental leave are:
- to the mother three months (not transferable to the other parent) up to the twelfth year of the child's life (no longer up to the sixth year) or from entry into the family, in the case of adoption or foster care;
- to the father three months (always non-transferable to the other parent) up to the twelfth year of the child's life (and no longer up to the sixth year) or from entry into the family in the event of adoption or foster care;
- both parents have the right to three additional months, alternatively to each other, within the overall maximum limit of nine months (and no more than six).
They remain, however, maximum limits unchanged individuals and both parents, provided for by article 32 of decree number 151, in particular:
- 6 months leave in favor of the mother, for each child within the first 12 years of life or from entry into the family in the event of adoption or custody;
- 6 months leave for the father (which can be raised to 7 in the event that he abstains for an entire or fractional period of not less than 3 months), for each child within the first 12 years of life or from entry into the family in the case of adoption or foster care;
- A total of 10 months of leave that can be used by both parents (which can be raised to 11 months if the father abstains for an entire or fractional period of not less than 3 months) for each child within the first twelve years of life or from joining the family in the case of adoption or foster care.
- In favor of single parent (including those who have sole custody of the child) 11 continuous or split months (and no longer 10 months) of leave are recognized, of which 9 months (and no longer 6) eligible for compensation at 30% of salary.
For periods of leave more than 9 months and eligible for compensation for both parents or for the single parent, an indemnity is recognized up to the twelfth year (and no longer up to the eighth year) of the child's life (or from entry into the family in the case of adoption or custody). equal to 30% of the salary, provided that the individual income of the person concerned is less than 2,5 times the amount of the minimum pension, paid for by the compulsory general insurance.
Maternity leave for self-employed women: what's new
Furthermore, self-employed female workers are granted a daily allowance also for the periods preceding the two months before the birth, in the case of serious complications of pregnancy or persistent morbid conditions which are presumed to be aggravated by the state of pregnancy, on the basis of medical tests carried out by a doctor from the Local Health Authority.
Consequently, the advance indemnity is payable in the presence of a medical assessment by the local health authority.
Extraordinary leave for disabled assistance
More subjects can request the authorization to use the permits alternatively among them, for assistance to the same disabled person serious.
News also on the extraordinary two-year leave for caregivers of seriously disabled family members, with the extension to the de facto cohabitant, even if the cohabitation began after the request for leave.
Therefore, the right to leave also applies if the cohabitation was established after the request for leave.
Permits law 104
The rule that allows ai caregiver to take three days a month to assist a relative in a serious state of health (as provided for by article 33 of law 104), also recognizing the right of more than one worker to assist the same person, always within the limit of three days a month referred to each patient. The right is also extended to the parts of the civil union and de facto cohabitation, and the possibility is envisaged of dividing the 3 days among several entitled parties (not only the parents) with respect to a disabled person to be assisted.
Leave: how to submit new applications
As a note from the INPS explains, and pending the necessary IT updates, it is still possible, starting from 13 August 2022, to take advantage of permits and leave according to the innovations of Decree number 105:
- presentando application to the INPS through the usual channels (for paid leave and extraordinary leave, with the specification for the latter to attach a self-certification statement, which shows de facto cohabitation);
- presenting a request from your employer (for parental leave) subsequently regularizing the use, by submitting the online application to INPS, as soon as the platform is updated.
