Implementation of EU Directive on Work-life Balance

12 August 2022 2 min read

The EU Directive 2019/1158 on work-life balance for parents and caregivers has been implemented into Italian law. The law will come into force 13 August 2022. We have highlighted below some of the main measures.

Mandatory paternity leave

Paternity leave is ten working days, to be taken from two months before the birth until five months after the birth. The leave is available in addition to the so-called alternative paternity leave, which is available in cases of death, serious illness or abandonment of the child by the mother.

During the leave employees receive an allowance from the national Social Security Institute (INPS) equal to 100% of their salary.

Parental leave

Voluntary parental leave is increased to nine months. It can be compensated by an allowance from the INPS equal to 30% of the employee's salary.

According to the new regulation:

Mothers may take a maximum of 6 months of parental leave for each child within the first 12 years of life or from joining family in the case of adoption or custody;
Fathers may take a maximum of 6 months (which may be increased to 7 months if he abstains for a full or separated period of no less than 3 months) for each child within the first 12 years of life or from joining the family in the case of adoption or custody;
Both parents may take a maximum total of 10 months of parental leave (which can be increased to 11 months if the father abstains for a full or separated period of no less than 3 months) for each child within the first 12 years of life or from joining the family in case of adoption or custody.
Single parents may take 11 months of continuous or separated parental leave, of which 9 months are compensated at 30% of pay.

Priority access to working from home

Public and private employers who allow employees to work from home are required to give priority to requests made by employees with children up to 12 years of age (or without any age limit in the case of children with disabilities). The same priority should be given to employees who are caregivers.

Sanctions

If employers fail to comply with the provisions of the Work-Life Balance Decree they may be prevented from obtaining the gender equality certification provided by Decree no. 198/2006.