PUBLISHED BY Arlati Ghislandi
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Extension and improvement of mandatory leave for employee fathers

INPS clarifies that the mandatory leave to be taken within 5 months from childbirth is applicable also to the adoptive or foster father; previously active instructions and procedures are otherwise confirmed, also for the optional leave of the father.


With message no. 591/2019, INPS clarified that, concerning the mandatory leave of the employee father:

a)       Said leave, for which duration has been extended to 5 days (art. 1, section 278. Let. B), law no. 145/2018) must be taken, continuously or on separate timeframes, within 5 months from childbirth or from the child’s entrance in the family (or in Italy, in case of international adoption or foster care);

b)      New regulations are applicable also in case of adoption or foster care in 2019;

c)       For events (birth, adoption or foster care) that happened prior to January 1st, 2019, the employee father is entitled to only 4 days of leave, to be taken in 2019.


If the allowance due to the father is paid in advance by the employer, the father must notify in written form his intention to abstain from work, specifying the chosen period; no request must be submitted to INPS, which will acquire all necessary information via UNIEMENS data flow.


A specific request must instead be submitted whenever the allowance is paid directly by INPS (see circular message no. 40/2013).


Without prejudice to the above, regulations set by Ministerial Decree 22 December 2012 on the father’s mandatory and optional leave are confirmed in their entirety.