Article 25, paragraph 2 of the Consolidating Act on legislative provisions on maternity and paternity protection and support, approved with Italian Legislative Decree no. 151 of 26 March 2001, also provides for those registered with the Civil Servants' Pension Schemes with the institution of imputed credit for periods corresponding to maternity leave (compulsory abstention) outside the employment relationship.
Credit is due to employed mothers enrolled in the Civil Servants' Pension Schemes.
In the event of death or serious illness of the working mother, or in the event that the child is abandoned by the mother or entrusted exclusively to the father, a period of compulsory abstention (so-called paternity leave) shall be granted, with imputed credit of contributions if the period of paternity leave takes place outside the employment relationship.
What am I entitled to?
The total duration of maternity leave is five months and can be used:
- during the two months prior to the expected date of birth;
- in the event that the birth takes place on a different date, for the period between the expected date and the actual date of the birth;
- during the three months after the birth.
Or, in the case of flexibility of leave: a month preceding the birth and four after. In order to be able to work up to the eighth full month of gestation, the female worker must obtain a medical certificate stating that this choice shall not harm the health of the unborn child and/or the pregnant woman.
In the event that the newborn is hospitalised in a public or private institute, the mother has the right to claim the suspension of maternity leave until the date the child is dismissed. This right may be exercised only once per child and is subject to the production of a medical certificate to declare that the woman's state of health is compatible with her return to work.
Italian Legislative Decree no. 80 of 15 June 2015 provided that the total duration of maternity leave may exceed five months in the case of an extremely premature birth (more than two months prior to the expected delivery date).
In this case the mother will have the right to maternity leave for all the days between the actual date of birth and the date of the start of the leave (two months preceding the expected delivery date) in addition to the five months laid down for pregnancies with a normal course of events.
An essential requirement for submitting a claim is the possession, by the individual concerned and at the time of claim, of at least five years' contribution paid on a continuous basis of an employment relationship and being in service at the time the claim is made.
In the event of termination of service, the claim for imputed accreditation may be submitted by those who have left without having obtained a right to a pension or by those who are on a continuous basis of voluntary payment of contributions.
How can I claim?
In order to obtain the credit of imputed contributions for periods corresponding to maternity leave outside the employment relationship, it is necessary to submit a claim form to the Public Pension Scheme with which the individual is concerned or registered.
From 04 April 2013 it shall be possible to submit the claim to the INPS online through the dedicated service.
Alternatively, claims can be made by:
- telephoning the Contact Centre on +39 803 164 (free from Italian landlines) or +39 06 164 164 from mobile phones;
- telematic services offered by patronage institutes and intermediaries thereof.
This sheet does not constitute a source of law and must not be used as a basis for any confidence and/or work or social security choices.