Categories: Insights


14 Jul 2011

INPS: THE PREMATURE BIRTH AND THE HOSPITALIZED CHILD POSTPONE THE LEAVE

INPS, with message no. 14448/2011, provided some clarification on the sentence no. 116/2011 according to which the Constitutional Court declared the female employee right, in case of premature birth and hospitalization of the child, to use the compulsory leave period as of the actual entry of the newborn child in the family. The same right is granted to the father if he uses the leave instead of the mother for death or serious illness of the latter, abandonment of the child by the mother or the father sole custody of the child. In addition to the leave postponement, the mother has to offer her working activity during the period of the child hospitalization. Therefore, the mother, before working again during the planned leave period, has to obtain the medical certificates which attest the compatibility of her medical condition with the restarting working activity. If the postponement is requested by the father, as well as the usual documentation attesting his right instead of the mother, he has to enclose to the leave request the medical certification issued by the health facility where the child is hospitalized. Finally, INPS specified that the postponement of compulsory leave after childbirth has not be requested if the child hospitalization is not due to premature birth, but to entirely different reasons.
Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…