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Allowance for daily “nursing” rest periods for employed mothers and fathers

Publication: 31/03/2022

This allowance is aimed at employed mothers and fathers who need to breastfeed a baby, including adopted and fostered children.

Both male and female employees have the right to rest time for breastfeeding, including those covered by the former IPSEMA (Social Welfare Institution in the Maritime Sector).

START DATE AND DURATION

The allowance lasts until the baby's first birthday or up to one year after the baby’s adoption or foster date. If the working hours are at least six hours per day the employee (male or female) has the right to take up to two hours per day for breastfeeding the baby. If the working hours are less than six hours, they are entitled to one hour.

Rest periods for breastfeeding are doubled in cases involving the birth of twins or multiple babies and in the adoption or fostering of at least two babies, even if said babies are not siblings and entered the family on different dates.

WHAT AM I ENTITLED TO?

The allowance is equal to the salary.

REQUIREMENTS

The mother or father must have valid, ongoing employment and the baby must be alive.

The employed father may claim a daily rest period instead of the working mother if she explicitly waives this right or if she belongs to one of the categories that is not entitled to this rest period.

However, this right cannot be claimed if the working mother is on mandatory or optional leave, if she is still within the time frame to receive statutory maternity pay, or if she does not make use of the rest period because she is absent from work due to suspension, is having unpaid time off or is off work due to vertical part-time employment.

In cases of multiple births, the rest periods are doubled, and any additional hours can be transferred to the father even during maternity leave, or during the period after the birth in which the mother is entitled to financial support. They can also be passed to the father if the mother is on parental leave.

WHEN CAN I CLAIM?

The claim must be made before the start date of the daily rest period claimed.

For employees covered by the former IPSEMA, who are paid by employers that choose to pay the allowance using the CA2G equalisation fund, the territorial jurisdiction regarding the management of the acts depends on the recipient’s residence. If the employer does not use the CA2G equalisation fund, the territorial jurisdiction is determined by the INPS circular 23rd October 2015 n. 173.

HOW CAN I CLAIM?

Female workers must make their claim exclusively to their employer, with the exception of employment categories entitled to direct payment from the INPS, in which case they must also make their claim to their affiliated INPS office (agricultural workers, entertainment workers with fixed-term or occasional contracts, workers to whom the Institute is making direct payments, including payments from the wage guarantee fund). Male workers must make the claim either at their affiliated INPS office or to their own employer.

Claims must be made to the Institute using telecommunications, in one of the following ways:

  • Dedicated on-line service;
  • Telephoning the contact centre on +39 803 164 (free from Italian landlines) or +39 06 164 164 from mobile phones;
  • Electronic services offered by patronage institutes.