Family Act, how could parental leave in Italy change

From 12 May 2022 what is called Family Act has come into force which will allow the government to adopt one or more legislative decrees to support the balance between family and work, also strengthening measures to encourage female work and reorganize support measures to the education of children

The parental leave It is an optional period of abstention from the work granted to parents to take care of the boy or girl in his first years of life and satisfy his emotional and relational needs.

Below we explain How it works in Italy And how it should change with the Family Act.

How does parental leave in Italy work?

THE maternity leave, paternity and parental leave are governed by Legislative Decree 26/3/2001 n. 151 (Consolidated text of the legislative provisions on the protection and support of maternity and paternity). In particular, art. 32 establishes that in the first 12 years of the child’s life, each parent has the right to abstain for a period from work (In case of childbirth, adoption or multiple assignment, the right to parental leave is up to the same conditions for each child).

Parental leave of parents cannot overall exceeding the 10 months limit (11 If the worker father abstains from work for a continuous or fractional period of at least three months). This overall period of abstention from work can also be used by parents simultaneously.

The right to refrain from work It can be requested:

1. From the working mother, after the maternity leave period, for no more than six months that can be requested continuously or frankished;
2. from the worker father, starting from the birth of the son, for a period not exceeding six months (continuous or fractional);
3. In the case of a single parent, it can be requested for a continuous or divided period not exceeding 10 months.

Parental leave: how much is it paid?

To regulate theeconomic aspect of parental leave Instead, it is art. 34, which establishes an indemnity equal to 30% of the average daily salary up to the sixth year of life of the child or girl or, in the case of adoption or assignment, from the entry into the family of the baby or little one. The allowance is scheduled for a maximum total period between six -month parents And it is not up to unemployed or suspended parents, domestic workers and home workers.

Starting from 6 years and one day Up to 8 years of age (or from the entry into the family in the event of adoption or assignment) the indemnity equal to 30% of the remuneration is due only on the basis of economic requirements: the individual income of the worker or worker must be lower at 17,024.48 euros (2.5 times the amount of the minimum pension treatment against the compulsory general insurance).
From 8 years and one day No indemnities are foreseen from the child of the child (or from entry into the family in the event of adoption or assignment).

The periods of parental leave are counted in the seniority of service, excluding the effects relating to holidays and thirteenth monthly month or Christmas gratifies.

And in case of adoption?

Parental leave is also due in case of adoption (national and international), of entrusting and international pre -adoptive assignment. However, it cannot be used by adoptive and foster parents, whatever the age of the child, within twelve years from the entrance of the latter in the family, and in any case not beyond reaching the age of majority.

The allowance described in article 34 is instead due, for the total maximum period provided therein, within six years from the entrance of the minor in the family.

Family Act: How does parental leave change in Italy?

From 12 May 2022 what is called the Family Act (Law 7/4/2022 n. 32, published in the Official Gazette n. 97 of 27/4/2022) and provides that the Government adopts one or more legislative decrees for:

• the reorganization and strengthening of children’s education support measures;
• the extension and reorganization of parental leave, paternity and maternity;
• the strengthening of measures to encourage female work and for the harmonization of life and work times;
• the strengthening of the measures aimed at supporting the expenditure of families for the training of children and the achievement of financial autonomy by young people;
• the support and promotion of family responsibilities.

As regards parental leave, art. 3 provides that the government should adopt within 24 months from the entry into force of the law one or more legislative decrees for the extension, reorganization and harmonization of leave. To do this, the government will have to follow the following principles and criteria:

1. provide for worker parents the possibility of taking advantage of parental leave up to the age of a child not exceeding 14 years;
2. introduce flexible methods in the management of parental leave, compatibly with collective labor agreements applied to the sector and taking into account the specificity of monogenial families;
3. provide for workers for workers the possibility of taking advantage of paid permits, lasting not less than five hours during the year, for each child, for the interviews with teachers and for active participation in the path of growth of children;
4. predict that i permits for specialist performance For the protection of motherhood performed during working hours, they can be recognized to the spouse, the cohabiting partner or a relative within the second degree;
5. establish a minimum periodnot less than two months, of parental leave not to be transferable to the other parent for each child;
6. Descend measures that allow the extension of parental leave also to self -employed workers and freelancers.

For parental leave, the government must also:

• predict a mandatory leave period for the worker father In the first months from the birth of the child, of significantly higher duration than that provided for by current law;
• encourage the increase in compulsory indemnity for maternity leave;
• provide that the right to paternity leave is granted regardless of the civil or family status of the worker;
• provide that the right to paternity leave is not subject to working and service seniority;
• predict a notice period to the employer for the exercise of the right to paternity leave, on the basis of the national collective work agreements stipulated by the union organizations comparatively more representative nationally;
• provide that the right to paternity leave is guaranteed with the same conditions for the workers of public administrations and the private sector;
• sanction measures that favor theExtension of paternity leave also to self -employed workers and freelancers.

What has been done so far?

The government has already activated to adapt to European standards preparing a scheme of decree on life-work conciliation which will soon be operational. On March 31, 2022, in fact, the Council of Ministers approved a scheme of legislative decree transposition of the EU directive n. 1158 of 2019 “relating to the balance between professional activity and family life for parents and assistance loans” which is being evaluated by the parliamentary commissions and should enter into force by 2 August 2022. Le main news of the decree are as follows:

• The new type of paternity leave, compulsory and compensated 100%, lasting the duration of 10 working days Freely accessible by the worker father in the time period ranging from the two months preceding the five following childbirth, both in the event of birth and perinatal death of the child;
• For single -year -old families, the total duration of the right to leave increases from 10 to 11 months;
• The parental leave covered by the 30% allowance in the presence of two parents rise to nine months in total instead of the current six;
• A 30% allowance of the salary due to the parents is expected, alternatively with each other, for the extension up to three years of parental leave for the child in conditions of serious disabilities;
• The age of the child within which parents, including adoptive and foster people can increase from 6 to 12 years, can take advantage of the compensated parental leave;
• The right to maternity allowance in favor of self -employed workers and freelancers;
• Public and private employers are expected to agree with agreements for the execution of the service of I work in agile mode are required to give priority to requests made by workers and workers with children up to 12 years of age or without any age limit in the case of children in conditions of disability. The same priority is recognized to the requests of Caregivers workers.

For further information, we recommend visiting the institutional websites of INPS and the Ministry of Labor and Social Policies.