Ban on dismissal
It applies from the start of pregnancy until the child reaches an age set by law, with a few strictly defined exceptions.
CAF services · Family and work
Maternity and parental leave
There are four different schemes that people all call "maternity": compulsory leave, optional leave, rest periods and leave for a sick child. They have different rules, lengths and pay, and you make better use of them if you know them in advance.
01 · Maternity leave
Compulsory maternity leave
This is the period of compulsory absence from work around the birth. It is an obligation, not an option: the employer cannot have the employee work during that period.
- It lasts five months in total, split between before and after the birth according to the options available.
- Flexibility is possible: part of the period can be moved to after the birth, with a medical certificate.
- Under certain health conditions, the leave can be taken entirely after the birth.
- The allowance is a high percentage of pay, advanced by the employer and then offset with INPS (the Italian social security institute).
- The period is covered by notional contributions and counts towards your pension.
- In a high-risk pregnancy, leave can start earlier, by decision of the competent authority.
Self-employed women and those enrolled in the Gestione Separata (the INPS fund for freelancers and similar workers) are entitled to the maternity allowance under their own rules: the amount is calculated on different parameters, and for the self-employed there is no obligation actually to stop working. The application must still be filed.
02 · The father
Paternity leave
There are two separate schemes for fathers, and they are often confused.
- The father's compulsory leave takes nothing away from the mother: it is an independent right.
- The employer must be told with the notice set by law or by the employment contract.
- It can be taken on non-consecutive days, within the set period.
- It also applies in cases of adoption and foster care.
- If it is not used, there is no right to payment in lieu.
| Father's compulsory leave | Alternative leave | |
|---|---|---|
| When it applies | Always, on the birth | Only in specific cases: death or serious illness of the mother, abandonment, sole custody |
| Length | A few days, which can be taken separately | The whole remaining period of maternity leave |
| Pay | Full | As for maternity leave |
| Relation to the mother's leave | Independent, added to the mother's leave | Replaces the mother's leave |
| When it is used | Within a period after the birth set by law | From when the event occurs |
03 · Optional leave
Parental leave in Italy
This is the optional leave that parents can use in the child's first years. Planning matters here, because the pay is not the same throughout.
Total length
A number of months for each parent, with an overall cap for the couple lower than the sum of the two. The extra period is available only if both parents take leave.
Up to what age
It can be used up to an age of the child set by law, with pay that decreases depending on the period.
Pay
Some months are paid at a higher rate, others at a reduced rate, and others are unpaid unless you are within income limits.
How it is used
By the month, by the day, and under many contracts by the hour as well. Whether it can be split depends on the collective agreement that applies.
The choice that matters most
Not all months are worth the same.
- The months paid at the higher rate should be used first
- The extra period for the couple is lost if only one parent uses leave
- Some months must be used before the child reaches a specific age
- Taking leave by the hour, where allowed, lets you cover more time with the same allowance
04 · Daily hours
Daily rest periods and leave for a sick child
These are two smaller schemes but widely used, and they sit alongside parental leave without using it up.
- Daily rest periods, traditionally called breastfeeding breaks, apply in the child's first year, for a number of hours that varies with the length of the shift.
- They also apply to the father in specific cases, and to both parents in the case of a multiple birth.
- They are paid in full and do not reduce the parental leave allowance.
- Leave for a sick child is unlimited up to a certain age and limited after that, but it is unpaid.
- It is still covered by notional contributions, within the set limits.
- You need a certificate from the paediatrician, and the two parents cannot use it on the same days.
Leave for a sick child is unpaid, and for that reason it is little used. It does have one advantage: it is unlimited in the early years, uses up neither holiday nor parental leave, and in difficult periods it is the only tool that lets you stay at home without eating into your other protections.
05 · How to apply
How to apply for maternity and parental leave
All applications go through INPS, online, and must be filed before the period begins.
- You apply with SPID or CIE (the Italian digital identity and electronic ID card), or through a CAF (authorised tax assistance centre) or patronato (welfare advice office) with a proxy.
- Your employer must be told as well, with the notice required by the collective agreement.
- Leave cannot be requested after the event: days already taken without an application risk being treated as unjustified absence.
- For maternity leave you need the online pregnancy certificate sent by the doctor.
- The allowance is normally advanced by the employer in the payslip and then offset; in some cases it is paid directly by INPS.
- The self-employed and those enrolled in the Gestione Separata are paid directly.
06 · Related rights
The protections that go with it
Around leave there is a system of protections worth knowing about, because it covers you at the times when you are most exposed.
Validation of resignation
A resignation given during the protected period must be validated by the Ispettorato (Labour Inspectorate), otherwise it has no effect.
Right to NASpI
Unlike an ordinary resignation, resigning during the protected period gives you the right to NASpI (the Italian unemployment benefit).
Ban on night work
From confirmation of the pregnancy until the child reaches a certain age, and for a lone parent with custody.
Change of duties
If the duties are harmful, the employer must assign different duties with no reduction in pay.
Assegno unico
It is due from the seventh month of pregnancy: you can apply in advance. See assegno unico (the universal child benefit).
Frequently asked
The questions that keep coming up
Is parental leave paid in full?
No, and this is the main difference from compulsory maternity leave. Some months are paid at a higher rate, others at a reduced rate, and others are unpaid unless income conditions are met.
That is why the order in which you use the months matters: starting with the ones paid at the higher rate, and checking by what age of the child they must be used, can make a significant difference to the total you receive.
Does the father's leave take days away from the mother?
No. Compulsory paternity leave is the father's own right and is added to the mother's maternity leave, without reducing it.
Parental leave is different: there the couple has an overall cap lower than the sum of the two individual allowances, so the two parents' choices affect each other.
I am a self-employed professional. Am I entitled to maternity pay?
Yes. Self-employed women and those enrolled in the Gestione Separata are entitled to the maternity allowance, calculated on their own parameters and paid directly by INPS.
Anyone enrolled in a professional pension fund follows that fund's rules instead, which have different terms and amounts. In both cases you must apply: it is not automatic.
Can I apply for leave after I have already taken it?
No, the application must be filed before the period begins. Days taken without an application risk being treated as unjustified absence, with possible disciplinary consequences too.
If an emergency forced you to be absent, file the application as soon as possible and inform your employer: putting it right is easier if it happens straight away.
Let's talk
Leave is planned, not improvised at the birth
Which months to use first, which of the two parents takes them, at what rate of pay: these are choices worth thousands of euros over the whole period.