Dismissal is legitimate when parental leave is used for purposes unrelated to the care of the child (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)

By order no. 24922 of 9 September 2025, the Italian Court of Cassation once again addressed the sensitive issue of the abuse of parental leave, as provided for by Article 32 of Legislative Decree no. 151/2001, confirming the legitimacy of dismissal for just cause imposed on an employee who had used such leave for purposes other than caring for his child.

The case originated from the disciplinary dismissal imposed by a company on one of its employees for having abused parental leave. The Court of Appeal of Reggio Calabria (second instance), overturning the first instance decision, upheld the lawfulness of the employer’s termination, having found that the employee, during the period of absence from work, had engaged in work activities at the seaside resort managed by his wife, thereby neglecting the direct care of his children and, in particular, of the child under three years of age. Such conduct, according to the Court of Appeal, distorted the very purpose of the measure, even making it necessary to resort to external assistance to compensate for his absence, in clear contrast with the aim of parental leave, which is to foster the parent–child relationship.

The employee had argued that abuse of rights could only be established in the event of continuous and predominant activity, whereas his presence at the seaside resort for work purposes had been sporadic and of short duration. The Court of Cassation once again rejected this argument, clarifying that even an occasional use of parental leave for purposes unrelated to child care constitutes an abuse of rights.

The Supreme Court further stressed that parental leave must comply with the principles of fairness and contractual good faith. Improper use of the measure causes harm both to the employer, who is unjustly deprived of the employee’s performance, and to the social security institution, which pays an allowance disconnected from its intended purpose.

In conclusion, the order confirms a principle already well-established in Italian case law: when the causal link between absence from work and the care of the child is lacking, parental leave is improperly used. Such abuse irreversibly undermines the fiduciary relationship with the employer and may justify dismissal for just cause.