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Publication: 5 December 2024
What is it?
It is a protection granted to female workers included in the protection programmes related to gender violence, who may abstain from work for a maximum period of 90 days over a period of three years (Article 24 of Legislative Decree 80/2015).
Who is it aimed at?
It is designed for:
- female employees in the private sector;
- female workers employed by public administrations (within the competence of the administration to which they belong);
- female workers with coordinated and continuous collaboration relationships;
- female apprentices, blue-collar workers, dependent workers and managers with an employment relationship in place at the start of their leave;
- female agricultural workers, on either a permanent or fixed-term basis;
- female workers in domestic and family services (Law 205/2017 - budget law 2018 with effect from January of the same year);
- self-employed female workers (Law 232/2016 - Budget Law 2017).
How does it work?
START DATE AND DURATION
The compensation for leave starts from the date of commencement of the certified protection programme and is available:
- for a maximum period of three months (equivalent to 90 effective days of abstention from working activities) within three years of the start date of the certified protection programme;
- in conjunction with days on which work is scheduled to be carried out.
- in daily or hourly mode. Hourly arrangements shall allow for a number of hours of leave equal to half of the average contractual daily working time of the monthly or four-weekly pay period that has expired and is immediately preceding that of the leave. National collective agreements may provide for one or the other.
Not due:
- on non-working days (examples: public holidays, periods of suspension from work or periods of leave);
- in the days following the date on which employment was terminated.
WHAT AM I ENTITLED TO?
The benefit:
- is equal to 100% of the last payment for the days of leave used for protection programmes;
- is calculated by referring to the fixed and continuous items of average daily earnings in the monthly or four-weekly pay period that has expired and is immediately preceding that of the leave;
- shall be paid at the rate of half the daily allowance, for hourly use;
- is paid directly by INPS by bank transfer or credit to a bank or post office account to:
- seasonal workers;
- agricultural workers (without prejudice to the right of advancing compensation, on the employer’s behalf, in favour of agricultural workers on permanent contracts);
- occasional or temporary entertainment sector female workers;
- female domestic and family service workers (domestic workers and carers);
- self-employed female workers;
For female workers registered with the Separate Pension Scheme, only the right to suspend the employment relationship is recognised and there is no entitlement to payment of the benefit (Article 24, paragraph 2 of Legislative Decree 80/2015).
Claim
REQUIREMENTS
To be eligible for the leave and benefit, it is necessary to be an employee:
- with an ongoing employment relationship;
- included in the programmes certified by the social services of the Municipality to which they belong, by the anti-violence centres or by the Refuge Houses (Article 5-bis, Legislative Decree 93/2013, converted with amendments by Law 119/2013).
HOW CAN I CLAIM?
The claim to INPS must be submitted on-line using the dedicated service.
The service menu contains the following entries:
- information, a page that describes the benefit;
- manuals, a page where users can consult and download the manuals on how to use the “retrieve claim” function;
- retrieve claim, a function where the claim can be completed and submitted;
- cancel claims, a function that allows users to cancel the claim entered but not yet registered;
- monitor claims, a function that allows users to verify the claims entered and submitted to INPS.
Alternatively, it is possible to contact:
- 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.
The certification relating to the inclusion of the programme in the social services of the relevant municipality, from the anti-violence centers or from the Refuge Houses must be delivered:
- in a sealed envelope to the office responsible for the area;
- with the indication of the protocol number and the words “Claim for extraordinary Leave Article 24 of Legislative Decree 80/2015” (for the privacy law).
Processing times of the measure
The ordinary deadline for issuing the measures is set at 30 days under Law no. 241/1990. In some cases the law may set different deadlines.
The table shows the deadlines exceeding thirty days, set by the Institute with a Regulation.
In addition to the terms for the issuance of the measure, the table also indicates the relevant manager.