Allowance for parental leave for male and female dependent workers

Parental leave is an optional period of time off work available to parents, allowing them time to care for their child during the first years of the child's life and fulfil their emotional and social needs. 

Parental leave is aimed at female and male dependent workers (including ex IPSEMA).

The following are not entitled to take leave:

• unemployed or suspended parents;
• domestic working parents;
• Parents who work from home.

START DATE AND DURATION

Parental leave is for natural parents, who are constantly employed, within the first 12 years of the child's life for a total period between the two parents not exceeding ten months. The months rise to 11 if the working father abstains from work for a continuous or split period of at least three months. This total period can be used by parents even simultaneously. If the employment relationship ceases at the beginning or during the period of leave, the right to leave lapses from the date the work is interrupted.

Given the limit set, the right to abstain from work lies with:

• women-mothers who are employed for a continuous or partial period of up to six months;
• to men-fathers who are employed for a continuous or partial period of a maximum six months, which can become seven in the event of abstention from work for a continuous or partial period of at least three months;
• to men-fathers who are employed, even during the period of compulsory abstention of the mother (starting from the day after the birth) and even if she does not work;
• to single parents (fathers or mothers) for a continuous or partial period of a maximum ten months.

Dependent workers who are adoptive or foster parents have parental leave in the same way as natural parents, therefore within the first 12 years of the child's entry into the family regardless of the age of the child at the time of adoption or foster care and no later than the legal age.

In the event of multiple births, adoption or foster care, the right to parental leave is subject to the same conditions for each child.

Law No. 228 of 24 December 2012, introduced the possibility of splitting parental leave by the hour, but postponing to the collective bargaining sector the task of establishing the arrangements for taking leave on an hourly basis, as well as the criteria for calculating the hourly base and the equalisation of a specific number of hours per working day.

Italian legislative decree No. 80 of 15 June 2015, implementing the delegation contained in the Jobs Act, provides that parents in employment, in the absence of collective bargaining agreements, even at company level, can take parental leave on an hourly basis for half the average daily time of the four-month or monthly pay period immediately prior to the start of parental leave.

Italian legislative decree No. 81 of 25 June 2015, finally provided for the possibility for workers to ask for a one-time transformation of the full-time employment relationship into a part-time relationship, instead of parental leave or within the limits of the leave still due. However, the time reduced must not exceed 50%.

WHAT AM I ENTITLED TO?

Parents who are dependent workers are entitled to following:

• A compensation equal to 30% of the average daily payment, calculated based on the payment of the month preceding the beginning of the period of leave, within the first six years of the child's age (or from entry into the family in the event of adoption or foster care) ) and for a maximum total period (mother and / or father) of six months;
• a compensation equal to 30% of the average daily payment, from six years and one day to the child's eight years of age (or from entry into the family in the case of adoption or foster care), only if the individual income of the claiming parent is lower at 2.5 times the annual amount of the minimum benefits payment and both parents have not benefited during the first six years or for the part not used, even if exceeding the maximum total period of six months;
• no compensation from eight years and one day to 12 years of age of the child (or from entry into the family in the event of adoption or foster care).

For further information or clarification, please refer to the INPS Circular No. 139 of 17 July 2018.

The right to compensation expires within one year and starts from the day following the end of the period that can be compensated. To avoid losing the right, it is necessary for workers to submit to the INPS (before the end of the year) written claims with a certain date, aimed at obtaining payment of the compensation.

REQUIREMENTS

Male and female dependent workers must have an ongoing employment relationship.

Agricultural male and female workers with a fixed-term contract can apply for parental leave during the first year of a child's life, if they have provided 51 days of work in agriculture in the year preceding the event, which will also be compensated for abstentions even if they continue in the following year. For the years following the first and up to the sixth (for periods of compensated leave) and up to the 12th (for periods of usable leave), these workers may apply for parental leave if the status of a worker exists, which includes registration in the agricultural lists and 51 days of work in agriculture in the year preceding the event or, in the same year, if working days take place before the beginning of the leave.

WHEN CAN I CLAIM?

The claim must be submitted before the start date of the claimed period of leave. If claimed after this time, only the days of leave after the claim date will be paid. For men and women who are employed, compensation is advanced by the employer, except for fixed-term agricultural workers, seasonal permanent workers and fixed-term workers for whom direct payment is required from INPS, as well as for men and women who are employed and registered in the Separate pension scheme and for self-employed female workers.

For ex IPSEMA insured male and female dependent workers, employed by employers who choose compensation payments with the CA2G balance (INPS circular No. 179 of 23 dicembre 2013), the territorial relevance for managing the cases is that envisaged for most workers, established on the basis of the insured’s residence.

For the operational procedures for submitting the claim and for taking parental leave on an hourly basis, please refer to INPS circular No. 152 of 18 August 2015.

HOW CAN I CLAIM?

Female and male workers can submit the parental leave claim on-line to INPS through the dedicated service. The service menu contains the following items:

• information, a page that describes the benefits provided for the various categories of workers in the event of birth, adoption or foster care, information 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;
• obtain claim, a feature that allows the completion and submission of the parental leave claim for the various categories of female workers / male workers; obtain claim, functionality that allows the completion and submission of the parental leave claim for the various categories of male and female workers;
• cancel claims, a function that allows users to cancel the claim entered;
• consult claims , functionality that allows to verify claims entered and sent to the INPS.

Alternatively, claim can be made by:

• Calling the 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.

Ex IPSEMA male and female dependent workers who work for employers who choose the payment of compensation with the CA2G adjustment may submit the claim for parental leave on-line to INPS in the manner described above. Instead, the claim is paper-based for ex IPSEMA insured female and male dependent workers, who work for employers who waive the payment of compensation with the CA2G adjustment and the area relevance depends on the operating instructions provided with INPS circular No. 173 of 23 October 2015.