News n.34/2022
Subject: New provisions on compulsory father's leave, maternity and parental leave, leave under Article 33 of Law 104/1992 and extraordinary leave under Article 42, paragraph 5, of Legislative Decree 151/2001
On July 29, 2022, Legislative Decree No. 105 of June 30, 2022, implementing EU Directive 2019/1158 of the European Parliament and of the Council of June 20, 2019, on measures to improve the reconciliation of work and private life for parents and caregivers, with a view to achieving the sharing of care responsibilities between men and women and gender equality in the work and family sphere, and repealing Council Directive 2010/18/EU, was published in Gazzetta Official Gazette.
Accordingly, Inps Messages No. 3066 of Aug. 04, 2022 and No. 3096 of Aug. 05, 2022 provide initial guidance on maternity, paternity and parental leave, respectively, as well as on leave under Article 33 of Law No. 104/1992 and extraordinary leave under Article 42, paragraph 5, of Legislative Decree No. 151/2001 with reference to employees in the private sector.
1) News on maternity, paternity and parental leave
With Message No. 3066 of Aug. 04, 2022, Inps provided the first relevant guidance for the purpose of recognizing the relevant allowances, which will come into effect from Aug. 13, 2022, reserving the right to issue a specific circular for details in the near future.
(a) Compulsory paternity leave.
The employed father shall abstain from work for a period of 10 working days (not divisible into hours and also usable on a non-continuous basis), in the time period ranging from 2 months prior to the expected date of birth until 5 months after the birth (no longer only within 5 months after birth). The leave is also usable, within the same time frame, in the case of perinatal death of the child (i.e., the death of the child occurring between the 28th week of pregnancy and seven days after birth).
In case of multiple births, the duration of the leave is increased to 20 working days.
The leave also applies to the adoptive or foster father.
The leave days are also usable by the father during the working mother's maternity leave and are compatible with the use (but not on the same days) of the alternative paternity leave referred to in Article 28 of the Consolidation Act No. 151/2001 (i.e., the alternative leave to which the father is entitled in case of death or serious infirmity of the mother, or abandonment, as well as in case of exclusive custody of the child to the father).