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Allowance for parental leave for dependent workers enrolled in the Separate Pension Scheme

Publication: 31/03/2022

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 (or entry into the family in the event of adoption or foster) and fulfil their emotional and social needs.

Parental leave is offered to workers enrolled in the Separate Pension Scheme.

Allowance for parental leave is provided for a period of up to six months, during the first three years of the child’s life.

For pre-adoptive placements and fostering, regardless of whether national or international, parental leave can be granted for a maximum period of six months within the first three years of the date that the adopted/fostered child entered into the family.

The allowance is calculated, for each day within the eligible period, as 30% of 1/365 of the income received from contract work or similar activities in the same 12 months used as a reference to assess the contribution requirement.

The allowance can be claimed within one year from the end of the eligible period. The limitation period is discontinued if the applicant provides the Institute with a written document indicating a definite date (written payment claims, reminders and so on).

The allowance is paid directly by the INPS.

REQUIREMENTS

Workers enrolled in the Separate Pension Scheme (law of 8 August 1995, n. 335) can claim parental leave provided that:

  • they are enrolled in the Separate Pension Scheme as contract workers or similar categories and are not simultaneously in receipt of a pension and enrolled in another obligatory pension scheme;
  • they are enrolled in the Separate Pension Scheme as professionals, as per article 2, paragraph 26, law of 8 August 335/1995, and are not pension holders or enrolled in other obligatory pension schemes;
  • they still have valid employment during the period in which the parental leave has been claimed;
  • they have paid contributions for at least one month at an increased rate in the 12 months preceding the start date of the eligible parental leave period. Alternatively, and only in the event that the parental leave is taken within the first year of the child’s life or within the first year from when the child entered the family, they can claim at least one month of contributions paid at an increased rate during the 12 months mentioned, to be used as maternity or paternity allowance;
  • there is actual absence from work.

The father's right to parental leave, when enrolled in the Separate Pension Scheme, is therefore considered independent to the mother’s right.

The duration of parental leave for both parents, even if taken in the form of other schemes or welfare funds, cannot exceed the total limit of six months.

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.

HOW CAN I CLAIM?

The claim for parental leave can be made to the INPS on-line using the dedicated service.

Alternatively, the claim can be made by:

  • 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 and intermediaries thereof.

For further information or clarification, please refer to the INPS Circular, 16th November 2018, n. 109.