Self-employed workers are entitled to an economic compensation during protection of maternity/paternity periods.
The allowance is paid to artisans, traders, direct growers, colonists, tenant farmers, professional agricultural entrepreneurs, as well as to self-employed fishermen of small sea fishing and inland waters registered with the INPS management of reference, in accordance with the payment of the contributions also for the months included during the maternity/paternity period.
START DATE AND DURATION
According to the provisions of articles 66 and following of the TU, the compensation is acknowledged two months before the birth and for the next three months.
In the event of adoption or national foster care of a minor, it is up to 5 months following the actual entry into the family of the adopted minor or minor in pre-adoptive foster care as well as for the day of entry itself.
For adoptions or international pre-adoptive foster care, workers are entitled to a five-month allowance according to the provisions of Article 26 of the TU.
In the event of non-pre-adoptive foster care, the compensation is due for a period of three months to be enjoyed, also in a partial manner, within five months from the minor's foster care.
However, the compensation does not entail the obligation to abstain from self-employment.
The paternity allowance is acknowledged when events occur concerning the mother (employed or self-employed worker) of the child and it is incumbent in the event of:
- death or serious illness of the mother. Death is confirmed by filling in the responsibility declaration. The health certificate of serious illness must be submitted in a sealed envelope to the INPS legal medical centre, at the counter or by registered letter;
- abandonment of the child by the mother or failure to acknowledge the child by the mother, to be certified by completing the responsibility declaration on-line;
- exclusive custody of the child to the father (Article 155 bis of the Italian Civil Code), to be substantiated, attaching to the electronic claim, a copy of the judicial provision that provides for the exclusive custody or notifying the details of the judicial order and the court that issued it.
Paternity periods that can be compensated, which run from the date on which one of the events listed above occurs, last as long as the period of maternity not used by the working mother. If the mother is not working, the period of paternity that can be compensated ends three months after the birth.
Compensation is paid by INPS by bank transfer to a post office or credited to a bank or post office account according to the method chosen at the time of submitting the claim.
WHAT AM I ENTITLED TO?
During periods of compensation for maternity (or paternity), the worker (female or male worker) has the right to receive compensation equal to 80% of the daily remuneration established annually by the law for the type of activities carried out.
In the event of a pregnancy interruption beyond the third month, compensation is paid for a period of thirty days.
The right to the allowance prescribes ay the end of one year from the end of the theoretical period that can be compensated. To stop the prescription, it is necessary for interested parties to submit to the INPS, before the end of the year, a written claim to obtain the compensation.
The prerequisite for access to maternity / paternity protection is the registration with the INPS pension scheme based on the activities carried out and payment of insurance contributions also for the months included in the maternity period.
Compensation may be claimed even if registration with the pension scheme system itself took place after the start date of the maternity period that can be compensated. If registration is required by law (30 days from the beginning of activities for artisans and traders and 90 days from the beginning of activities in other cases) and activities started before the beginning of the maternity period, compensation is due for the entire period of maternity leave. In the event that self-employed activities have begun, instead, after the beginning of the maternity period, compensation is due for the period following the beginning of activities.
If registration takes place after the legal deadline, the maternity allowance is due from the date of the claim for registration with the pension scheme system.
WHEN CAN I CLAIM?
Self-employed workers may submit the claim after the birth has taken place.
HOW CAN I CLAIM?
The claim to the INPS can be made on-line using the dedicated service. The service menu contains the following items:
- Information, page describing the services provided for the various categories of workers in the event of birth, adoption or foster care;
- Manuals, a page where users can consult and download the manuals on how to use the “retrieve claim” function available for each employee category;
- Retrieve claim, a function where the claim can be completed and sent for the various employee categories;
- Cancel claims, a function that allows users to cancel the claim inserted;
- Consult claims, a function that allows users to verify the claims inserted and sent to the INPS.
The claim provides for the possibility of attaching documentation deemed useful for authorising the entry into Italy of the adopted minor or in pre-adoptive foster care issued by the Commission for International Adoptions, certification of entry into the family of the minor adopted / entrusted in foster care and so on.
Alternatively, claim can be made by:
- Contact centre on +39 803 164 (free from Italian landlines) or +39 06 164 164 from mobile phones;
- On-line services offered by patronage institutes and intermediaries of the Institute.