Maternity / paternity allowance for self-employed female and male workers

In addition, male and female workers shall be:

• registered with the relevant INPS scheme;
• up to date with the payment of contributions during the months of the maternity/paternity period.

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According to Legislative Decree No. 105 of 20 June 2022, self-employed female workers are also entitled to a daily allowance for periods prior to two months before childbirth, "in the event of serious pregnancy complications or persistent morbid forms that are presumed to be aggravated by the state of pregnancy, on the basis of the medical examinations referred to in Article 17, paragraph 3 of Legislative Decree No. 151/2001 (INPS Circular no. 122 of 27 October 2022).

In case of adoption or national foster care of a minor, the maternity allowance is due for five months starting from the entry into the family of the minor adopted, or placed before the adoption, including the day of entry.

For adoptions or international pre-adoptive foster care, a five-month allowance (Article 26 of the Consolidated Law) is due starting from the entry into Italy of the adopted or placed minor.

In the event of non-pre-adoptive foster care, the allowance is due for a period of three months to be claimed, including in fractional amounts, within five months from the minor's placement under foster care. 

For maternity periods falling wholly or partly in 2022, the maternity allowance may be claimed for a further three months from the end of the maternity period, provided that in the previous year the declared income is less than € 8,145 (increased by 100% of the annual variation in the ISTAT consumer price index for blue- and white-collar households). For further information, refer to INPS Circular no. 1 of 3 January 2022.

The paternity allowance is recognised in the event of:

• death or serious illness of the mother. The claimant father, when completing the claim, shall provide:
  • the mother's details;
  • the date of death;
  • the health certificate of serious illness in a sealed envelope to the INPS medico-legal centre, at the office desk or by registered mail;

• abandonment of the child by the mother or failure to acknowledge the child by the mother, to be certified by completing the statement of liability online;
• exclusive custody of the child to the father,who shall indicate the identifying elements of the measure:
  • the type and number of the order issued by the Children's Court;
  • the judicial authority;
  • the section;
  • the date of lodgment in the registry;
  • any useful document for identifying the listed elements.

Paternity periods that can be compensated, which run from the date on which one of the events listed above occurs, last as long as the period of maternity not used by the working mother. If the mother is not working or unknown, the paternity period that can be compensated ends three months after the birth.

The allowance is paid by INPS, according to one of the following methods:

• postal wire transfer;
• payment to a bank or postal current account;
• postal book;
• payment card with IBAN. 

WHAT AM I ENTITLED TO?

An allowance equal to 80% of the daily remuneration established annually by the law for the type of activities carried out.

In the event of a pregnancy termination beyond the third month, an allowance is paid for a period of thirty days.

The right to the allowance expires within one year from the day following the end of the period that can be compensated for maternity (or paternity).

To avoid losing the right, it is necessary for workers to submit to INPS (before the end of the year) written claims with a certain date, aimed at obtaining payment of the allowance.

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Compensation may be claimed even if registration with one’s Scheme took place after the start date of the maternity period that can be compensated.

The allowance is payable for the entire period of maternity:

• if registration is made within the deadline provided for by law (30 days from the beginning of activities for artisans and traders and 90 days from the beginning of activities in all other cases);
• if the activities began before the beginning of the maternity period.

In the event that self-employed activities have begun, instead, after the beginning of the maternity period, the allowance is due for the period following the beginning of activities.

If registration takes place after the legal deadline, the maternity allowance is due from the date of the claim for registration with the management system.

WHEN CAN I CLAIM?

Female and male self-employed workers shall submit a claim after childbirth.

In the case of a claim for daily allowance even for the periods prior to two months before childbirth, "in the event of serious pregnancy complications or persistent morbid forms that are presumed to be aggravated by the state of pregnancy", the claim can be submitted before childbirth.

HOW CAN I CLAIM?

The claim to the INPS can be made online using the dedicated service. 

This service has the following functions:

• Information: describes the services provided for the various categories of workers in the event of birth, adoption or foster care;
• Manuals: users can consult and download the manuals on the “Submission of claims” function, available for each female/male workers category;
• Submission of claims: this allows the completion and transmission of the parental leave claim for the various categories of female/male workers;
• Cancellation of claims: this function allows users to cancel the claim entered;
• Visualization of claims: this function allows users to verify the claims entered and sent to INPS.

Alternatively, claims can be made by:

• Calling the Contact centre on 803 164 (free from Italian landlines) or 06 164 164 from mobile phones;
• online services offered by patronage institutes and intermediaries of the Institute.

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The table attached to the Regulation shows both the deadlines for issuing a decision set by the Institute that are longer than the normal 30-day period, and the indication of the relative manager.

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