News n.17/2024
Inps, with News No. 57 of April 18, 2024, provided administrative and operational instructions regarding the additional monthly parental leave paid at 60 percent of pay (for the year 2024 only, at 80 percent of pay), the measure of which was introduced by the Budget Law for 2024 (Law No. 213/2023), and valid only for employees who end their mandatory maternity or paternity leave after December 31, 2023.
As a reminder, Budget Law No. 213/2023 amended Article 34, Paragraph 1 of Legislative Decree No. 151/2001, providing for the elevation, from 30 percent to 60 percent of salary, of the parental leave allowance for an additional monthly payment, to be taken within the sixth year of the child's life (or within 6 years of the child's entry into the family in the case of adoption or foster care and, in any case, no later than the child's coming of age in the case of adoption or foster care).
The provision operates alternatively among employed parents.
If a parent is self-employed or enrolled in the Separate Management Fund, the month of parental leave compensated at 60 percent of pay (remember, raised to 80 percent for the sole and exclusive year 2024) is due only to the employed parent.
Inps points out that not this is an "additional" month of parental leave, but rather it is merely the elevation from 30 percent to 60 percent (for 2024 only to 80 percent) of an additional month compared to what was established in the previous year's Budget Law No. 197/2022, while remaining in the full three months of parental leave due to each parent and not transferable to the other parent. The additional month at 60 percent (for 2024 alone at 80 percent) is only one for both parents and can be taken in full, split into days, or in hourly mode, and the month can be divided between the parents or can be taken by only one of them.
Inps points out that the "alternating" use between parents, provided for in the amended Article 34 of Legislative Decree No. 151/2001, does not preclude the possibility of taking it on the same days and for the same child, as allowed for all periods of parental leave.