Inps through circular provides guidance on taking maternity and paternity leave exclusively after childbirth, as provided by the 2019 Budget Law.
This mode of enjoyment is also recognized for female workers registered with the separate management.
Specifically, effective January 1, 2020, the possibility was given to take full leave following childbirth, against the issuance by the end of the seventh month of pregnancy, of one/two certifications: one from a specialist doctor of the SSN (or with it contracted) and, where present, one from the competent doctor for the purposes of prevention and protection of health in the workplace.
The certification(s) must explicitly attest to the lack of prejudice to the health of the pregnant woman and the unborn child in choosing from this option, and must be forwarded to the employer and Inps.
The commencement of leave differs depending on what the certificate states about the absence of health impairment, specifically:
If the certification certifies the lack of health impairment until the presumed date of delivery, female workers will be deemed fit to work until the day before that date, and the 5-month leave will run from the presumed date (regardless of the actual birth of the child).
Example of Certificate:
Expected date of delivery: 26/06/2020.
delivery date: 01/07/2020 -from the same date the mother will be absent from work -CONGEDAY FROM 26/06/2020,
Days from 26/06 to 30/06 will be counted in the 5 months but not covered by allowance as they will be worked and normally paid by the employer.
If the certification attests to the lack of injury to health until the event of childbirth should it occur later than the presumed date, the workers will be deemed fit to work until the day before the actual delivery and the 5-month leave will start from the actual date of delivery.
Sample Certificate.: Expected date of delivery: 26/06/2020.
delivery date: 01/07/2020
LEAVE TAKES EFFECT FROM 01/07/2020, 2
Days from 26/06 to 30/06 will not be counted in the 5 months and will be worked and normally paid by the employer.
A pregnant worker who takes advantage of flexibility (abstention from the month before the presumed date of delivery and during the four months following delivery) may choose, during the eighth month itself, to extend her work activity by availing herself of the option to take leave after delivery.