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Everything You Need to Know About Maternity Leave in Italy
For employers in Italy, grasping the regulations surrounding maternity leave in Italy is fundamental to running a compliant and supportive business. Likewise, employees need to know about the relevant laws to understand their rights.
Overall, the Italian system is designed to offer strong protection to working mothers, but it also imposes specific, non-negotiable duties on employers.
This guide provides a clear overview of what you need to know, covering the duration of leave, how Italian maternity leave pay is calculated, and your responsibilities as an employer during an employee’s absence.
A thorough understanding of these areas will help you support your team effectively while ensuring your business remains on the right side of Italian law.
Overview of maternity leave in Italy
Maternity leave, or Congedo di Maternita, is a legally protected right for working mothers. It is primarily governed by the country’s Social Security system and administered by the National Social Security Institute (INPS). Overall, it’s designed to safeguard the health of the mother and child before and after birth.
Eligibility and scope
This protection extends to most categories of workers, including full-time, part-time, and fixed-term employees. It also covers situations beyond standard birth, such as adoption, foster care, and in some cases, assisted reproduction.
The core principle is that this leave is mandatory. That’s because pregnant employees are legally obliged to take time off around the time of birth, and their jobs are protected during this period.
The legal foundation
The main legal framework is the Legislative Decree No. 151 of 26 March 2001. This consolidates laws for the protection and support of maternity and paternity. Furthermore, as a member of the European Union, Italy’s policies are also shaped by EU directives. For example, the Parental Leave Directive, which sets minimum standards for member states.
For employers, this means that policies must be applied consistently and in strict accordance with these regulations. Furthermore, collective bargaining agreements can offer even more advantageous terms than the statutory minimum.
Duration and payment of maternity leave in Italy
The structure of maternity leave in Italy is clearly defined. It offers a predictable period of absence for new mothers and provides clarity for businesses planning for workforce coverage.
Standard leave duration
The standard duration for maternity leave in Italy is five months. This period is typically divided into two months of compulsory leave before the expected due date and three months of leave after the birth.
While the law mandates this two-month pre-birth period, it’s worth noting that a recent legal change allows women to work closer to their delivery date if they wish and are medically cleared to do so.
However, the post-natal three-month period remains a protected right for recovery and bonding with the newborn.
Understanding maternity leave pay
- Employees typically receive 80% of their average salary during the five-month mandatory leave period. This payment is managed and disbursed by the Italian social security institute, INPS.
- Many employers enhance the statutory provision by topping up the INPS payment to 100% of the employee’s regular salary.
- The Italian maternity leave pay from INPS is not subject to income tax. However, any top-up payment provided by the employer is considered part of the employee’s taxable income.
- In special circumstances, the father may utilise the remaining maternity leave. He would then receive the same maternity benefits that were due to the mother, typically the 80% INPS payment.
- The mandatory five-month period can be extended in cases of premature birth or health complications for the mother or baby. During any such extended leave, the employee continues to receive financial support from INPS.
Employer obligations during maternity leave
When an employee takes maternity leave, the employer’s role shifts from simply granting time off to actively managing a regulated administrative process. Fulfilling employer obligations is critical for legal compliance and for demonstrating support for your workforce.
Managing notifications and documentation
The process begins with formal notification. An employee is required to inform you of her pregnancy and the intended start date of her leave at least two months before the due date. This notification should be accompanied by a medical certificate confirming the pregnancy and the expected delivery date.
You must then ensure that the INPS is notified, a step that the employee typically handles herself online, through a tax assistance centre (CAF), or directly with INPS.
As an employer, you are responsible for coordinating with INPS to facilitate the correct payment of benefits and for making any necessary adjustments to your payroll. That’s especially true if you are providing a salary top-up.
Guaranteeing job protection and non-discrimination
One of the most important maternity rights in Italy is strong job protection. Italian law explicitly prohibits dismissing an employee from the beginning of her pregnancy until the child reaches one year of age.
The only exception to this rule is for justifiable economic reasons unrelated to the pregnancy or maternity leave, and even this process is highly circumscribed. Furthermore, you must ensure the employee can return to the same or an equivalent role after her leave ends.
Any form of discrimination or penalisation related to the employee taking maternity leave is illegal. Examples include:
- Withholding promotions
- Reducing responsibilities
- Creating a hostile environment
Maintaining contributions and benefits
Throughout the entire period of maternity leave, the employment contract remains in full force. This means you are obligated to continue paying all social security and pension contributions on behalf of the employee as if she were actively working.
All other contractual benefits, such as private health insurance or company bonuses, should also be maintained unless otherwise specified in a collective agreement. A failure to do so can be considered a breach of contract.
Furthermore, you can check out our umbrella company service for help with managing employer obligations. You’ll receive a local specialist who understands the labour laws about maternity leave in Italy.
Returning to work after maternity leave
The conclusion of maternity leave marks a critical transition period. Hence, handling an employee’s return with clarity and support is not only a legal imperative but also key to retaining valuable talent.
The right to reinstatement
Upon the end of her maternity leave, the employee has an absolute right to return to her original job. The law guarantees that she must be reinstated in the same position she held before her absence. That’s under the same terms and conditions.
If for operational reasons that specific role is no longer available, you are required to provide an equivalent position with the same level, pay, and responsibilities. Denying this right of reinstatement constitutes a serious violation of Italian labour law.
Exploring flexible work arrangements
Many returning mothers appreciate flexibility as they adjust to their new responsibilities. While not always a legal obligation, being open to discussions about flexible working arrangements can be highly beneficial. This could include exploring options for:
- Part-time work
- Flexible working hours
- Remote working
Some collective bargaining agreements may provide specific rights in this area. Encouraging an open dialogue demonstrates a company culture that values work-life balance and can significantly improve employee morale and loyalty.
Protections against dismissal
The strong job protection that began during pregnancy does not immediately vanish upon return. As mentioned, protection from dismissal extends until the child’s first birthday. This means that for a significant period after returning to work, the employee cannot be dismissed for reasons connected to her maternity.
Any dismissal process during this protected window will be subject to intense scrutiny. Furthermore, the burden of proof for a justifiable, non-discriminatory reason rests entirely with the employer.
Additional maternity and parental rights
The support system for new parents in Italy extends beyond the core maternity leave, offering additional maternity benefits and rights that employers should understand. These include paternity leave in Italy, optional parental leave, and state-provided family allowances.
Paternity and parental leave
In addition to maternity leave, Italy provides paternity leave. Fathers who are employed are entitled to 10 days of compulsory paternity leave, which must be taken within the first five months of the child’s birth or adoption.
Beyond this, both parents have the right to optional parental leave (Congedo Parentale). This allows parents to take up to 10 months of leave in total (per child) until the child is 12 years old.
During this optional leave, the benefit is lower. It’s typically 30% of salary for a portion of the leave, and is paid by INPS.
Family allowances and child benefits
As of 2022, the primary form of financial support for families is the Single and Universal Allowance for Dependent Children. This is a monthly payment provided by the state through INPS to families with dependent children, and it is means-tested.
This allowance is available to all resident parents, including employees, self-employed, and unemployed individuals, from the seventh month of pregnancy onwards.
While this is a state benefit that employees apply for directly, employers should be aware of its existence as part of the broader support ecosystem for working mothers benefits Italy.
Sick leave vs. maternity leave in Italy
It is important to distinguish between sick leave and maternity leave, as they are governed by different rules. Maternity leave in Italy is a specific, protected leave for pregnancy and childbirth with a fixed duration and payment rate.
On the other hand, sick leave is for periods of illness or injury and has a different compensation structure. It often involves a combination of employer and INPS payments. Furthermore, the two types of leave are separate and do not run concurrently.
How our EOR service ensures compliance
For international businesses, dealing with Italy’s strict maternity leave laws is complex. Fortunately, our Employer of record service acts as the legal employer, ensuring full compliance. We manage all notifications to INPS, accurately process maternity pay and top-ups, and guarantee job protection. It goes a long way toward drastically reducing legal risk and automating payroll in Italy.
Overall, we support your team seamlessly without the need for a local entity, ensuring a smooth process for everyone. It’s like having a savvy local guide who ensures every compliance problem is solved, so you can focus on your business.
Find out more about how our EOR can help your business expand in Italy
Frequently asked questions
How much is maternity pay in Italy?
During the five-month mandatory maternity leave in Italy, employees typically receive 80% of their average daily salary from the Italian social security institute (INPS).
Additionally, many employers top this up to 100% of salary as per collective bargaining agreements or individual employment contracts.
What is the new paternity law in Italy?
The current law grants fathers 10 days of compulsory paternity leave in Italy, which must be taken within the first five months of the child’s birth. This leave is fully paid at 100% of the father’s salary by INPS. In the case of multiple births, this entitlement is often doubled to 20 days.
Can you be fired while on maternity leave in Italy?
No, job protection is a fundamental maternity right. Dismissal is prohibited from the start of pregnancy until the child reaches one year of age. The only potential exception is for proven and serious justified reasons unrelated to pregnancy or maternity. However, such cases are exceptionally rare and heavily scrutinised.
What is the family allowance in Italy?
The main family allowance in Italy is the Single and Universal Allowance. It’s a monthly means-tested payment from INPS to families with dependent children under 21 (or older if disabled).
Think of it as a state benefit that parents apply for directly, and it replaces previous child benefits.
What are the working mothers benefits in Italy?
Working mothers benefits in Italy include the five-month, paid mandatory maternity leave, protection from dismissal, the right to return to their job, and access to optional parental leave.
They are also eligible for the universal child allowance from the state.
