The new regulations for working parents enrolled in the various managements will be in force since 13 August
From next August 13, the new regulations on parental leave, maternity and paternity provided for by legislative decree n. 105 of 30 June 2022.
The mandatory paternity leave is introduced, which replaces the father's mandatory leave and the father's optional leave, introduced on an experimental basis by law n.92 / 2012 and stabilized by the abrogated article 1, paragraph 134, of law 234/2021 ( Budget Law 2022).
This measure allows the working father to benefit from a period of leave of 10 working days, (which cannot be divided into hours and can also be used on a non-continuous basis) and independent from that of the mother.
In the 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.
For the days of mandatory paternity leave, a daily allowance equal to 100 per cent of the salary is recognized.
The new mandatory paternity leave can be taken from two months before the presumed date of birth up to 5 months after the birth of the child and in case of perinatal death of the child.
Some changes concern self-employed women.
Self-employed workers are granted a daily allowance also for the periods prior to two months before the birth, in the case of serious complications of pregnancy or persistent morbid forms that are presumed to be aggravated by the state of pregnancy, on the basis of the medical tests carried out. by a doctor of the ASL.
The indemnity is calculated in the same way as the periods of protection of maternity / paternity depending on the category to which the self-employed worker belongs.
The parental leave for working parents enrolled in the various managements also changes.
Parental leave for employed parents provides that up to the twelfth year of the child's life, each working parent is entitled to an allowance equal to 30 percent of the salary for three months, non-transferable to the other parent. Parents also have the right, alternatively between them, to a further period of leave of a total duration of three months, for which an allowance equal to 30 per cent of the salary is due.
In light of the new legislation, the periods of indemnifiable parental leave are as follows:
- the mother, up to the twelfth year of the child's life (or from entry into the family in the case of adoption or foster care) is entitled to an indemnifiable period of 3 months, not transferable to the other parent;
- the father, up to the twelfth year (and no longer up to the sixth year) of the child's life (or from entry into the family in the case of adoption or foster care) is entitled to an indemnifiable period of 3 months, not transferable to the other parent
- both parents also have the right, alternatively between them, to a further indemnifiable period of a total duration of 3 months, for a maximum total indemnifiable period between parents of 9 months (and no longer 6 months).
However, the maximum limits for individuals and for both parents remain unchanged:
- the mother can take up to 6 months of parental leave for each child within the first 12 years of life or from entering the family in the case of adoption or foster care;
- the father can benefit from a maximum of 6 months (which can be increased to 7 months if he abstains for an entire or fractional period of not less than 3 months) for each child within the first 12 years of life or from entry into the family in the case of adoption or fostering;
- both parents can take a total of up to 10 months of parental leave (which can be increased to 11 months if the father abstains for a full or fractional period of not less than 3 months) for each child within the first 12 years of life or from entry into the family in the event of adoption or foster care.
The single parent is granted 11 continuous or split months of parental leave, of which 9 months (and no longer 6 months) are eligible for compensation at 30% of the salary.
For periods of parental leave beyond the 9 months eligible for compensation for the couple of parents or for the single parent, it is due, up to the twelfth year (and no longer up to the eighth year) of the child's life (or from entry into the family in the event of adoption or foster care), an allowance equal to 30 percent of the salary, provided that the individual income of the person concerned is less than 2,5 times the amount of the minimum pension payable by the compulsory general insurance.
Working parents enrolled in the separate management, on the other hand, are given the opportunity to take parental leave within the twelfth year of their child's life or from the entry into the family / Italy of the minor in the event of adoption or pre-adoptive foster care.
Each parent is entitled to 3 months of compensated parental leave, which is not transferable to the other parent. Parents are also entitled to a further 3 months indemnified as an alternative between them, for a maximum total indemnifiable period between parents of 9 months.
Finally, there is parental leave for self-employed workers who will be entitled to 3 months of parental leave, to be used within the year of the child's life (or from entry into the family in the case of adoption or fostering) of the minor.
For more information, please consult the Hermes Message n. 3066 of 4 August 2022 to the following link