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Publication: 8 August 2022 Latest update: 11 February 2026
What is it?
It is a 10-day mandatory leave (Article 27-bis, maternity/paternity Con. Act, Legislative Decree 151/2001) aimed at achieving fairer distribution of parental responsibility and an early establishment of the bond between father and child.
Who is it aimed at?
Eligible applicants:
- fathers employed in the private and public sector, including adoptive and foster fathers;
- intentional mothers in female same-sex couples registered as parents.
The following are not entitled:
- fathers who are self-employed;
- members of the Separate Pension scheme.
How does it work?
START DATE AND DURATION
The ten-working-day leave can be taken:
- two months prior to the expected date of birth up to five months after birth (or from the entry of the child into the family/Italy in the case of national/international adoptions, or from the placement of the child in foster care or a temporary placement);
- during the working mother’s maternity leave.
The provisions apply to events, occurring from 13 August 2022 (the day on which Legislative Decree No. 105 of 30 June 2022 came into force), of:
- childbirth;
- adoption;
- fostering.
The leave is also provided for events occurring before 13 August 2022, provided that the working father is in a position to benefit from periods of compulsory paternity leave or from the residual periods not used under the father's compulsory leave (Law 92/2012).
It is also possible to be granted leave:
- split into days (but not split into hours);
- in case of perinatal death of child.
In the case of multiple births, the duration of leave is increased to 20 working days.
Fathers may also claim days of compulsory leave during maternity leave of the working mother. The days of leave are compatible with the use (not on the same days) of the alternative paternity leave, referred to in Article 28 of the Consolidated Act.
The leave is also granted to the intentional mother in a same-sex couple, following Constitutional Court ruling 115/2025, which was followed by the publication of:
- message no. 3322 of 5 November 2025 (in Italian);
- message no. 2450 of 7 August 2025 (in Italian).
The ruling declared Article 27-bis of Legislative Decree 151/2001 constitutionally illegitimate in a section where it fails to recognise mandatory paternity leave for a female employee who is the intentional parent in a female couple registered as parents.
Consequently, an employee who is an intentional parent in a female same-sex couple, as evidenced by registration in civil registry records, is entitled to benefit from mandatory paternity leave lasting ten working days (20 days for multiple births) within the time limits provided by Art. 27-bis of Legislative Decree 151/2001.
WHAT AM I ENTITLED TO?
A daily allowance of 100% of remuneration is granted.
The economic and regulatory benefit is determined in accordance with Article 22(2) to (7) and Article 23 of the Consolidated Act. Social security cover is that provided for in Article 25 of the Consolidated Act.
For the purpose of computation of the 10 days (20 in the case of multiple births), only working days must be counted and compensated.
Claim
REQUIREMENTS
The father or the intentional mother must be an employee.
WHEN CAN I CLAIM?
The father must notify the employer in writing of the days on which he intends to take the leave, no less than five days in advance, where possible in relation to the birth, based on the presumed date of birth, without prejudice to the more favourable conditions provided for by the collective bargaining agreement.
HOW CAN I CLAIM?
In cases of balancing payment, the benefit claim must not be submitted online to the Institute. Working fathers who are a private sector employee must notify the employer in writing of the days of mandatory paternity leave.
Alternatively, the company information system can be used for requesting and managing absences.
In cases of direct payments by INPS, the claim must be submitted to the Institute online through the dedicated service, for the following workers:
- agricultural;
- seasonal;
- domestic and family services;
- unemployed or suspended from work not receiving Wage Compensation Fund benefits;
- occasional or fixed-term entertainment industry workers.
Alternatively, claims can be made by:
- Calling the contact centre on 803 164 (free from Italian landlines) or 06 164 164 from mobile phones;
- On-line services offered by patronage institutes and intermediaries thereof.
Employees of public administrations always submit the claim to their employing administration.
Processing times of the measure
The deadline to define the measure was set at 55 days by the Regulation for the definition of the terms to conclude the administrative proceedings adopted by INPS pursuant to Article 2 of Law no. 241/1990.
The table (in Italian) attached to the Regulation shows both the deadlines for defining the measures established by the Institute that are longer than the normal 30-day period, and the indication of the relative manager.