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Publication: 8 August 2022 Latest update: 12 October 2022
What is it?
It is a mandatory leave of 10 days (governed by Article 27-bis of the Consolidated Act on Maternity/Paternity, Legislative Decree no. 151/2001) aimed at achieving a fairer distribution of care responsibilities between men and women and an early establishment of the bond between father and child.
Who is it aimed at?
Working fathers employed in the public and private sector, can take mandatory paternity leave, even in the event of adoption and foster care.
Working fathers who are self-employed and those enrolled in the Separate Pension Scheme are excluded.
How does it work?
START DATE AND DURATION
The employed working father abstains from work for a period of 10 working days, over a period ranging from 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 placement in foster care or a temporary placement).
The provisions apply to a birth, adoption or foster care that took place from 13 August 2022, the day of entry into force of Legislative Decree no. 105 of 30 June 2022, and also for events prior to 13 August 2022, provided that the working father is in a position to take periods of mandatory paternity leave or remaining periods not taken as mandatory paternity leave referred to in Law no. 92/2012.
It is also possible to take leave as divided into days, but not divided into hours, and also in the event of the perinatal death of the child.
In the case of multiple births, the duration of leave has been increased to 20 business days.
Fathers can also use their mandatory leave days during the working mother's maternity leave. The days of leave are compatible with the use (not on the same days) of alternative paternity leave, as referred to in Article 28 of the Consolidated Act.
WHAT AM I ENTITLED TO?
For the days of mandatory paternity leave, a daily allowance equal to 100% of the salary is granted.
The economic and regulatory treatment is determined in accordance with Article 22, paragraphs 2-7, and Article 23 of the Consolidated Act. The social security benefit is that provided for in Article 25 of the Consolidated Act.
With regard to the calculation of 10 days (20 in the event of multiple births), only business days must be included in the calculation and compensated.
Claim
REQUIREMENTS
The father must have an employment relationship.
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 adjustment payments, working fathers who are a private sector employee must notify the employer in writing of the days of mandatory paternity leave. The company information system can be used instead of written communication for requesting and managing absences.
In cases of direct payments by INPS, the claim is submitted to the Institute online through the dedicated service. Alternatively, claims can be submitted through the Contact Centre (803 164 or 06 164 164) or through patronage institutes and intermediaries of the Institute, via the online services offered by them.
Employees of public administrations always submit the claim to their employing administration..
Processing times of the decision
The deadline to define the decision 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.