Italian Law 104/1992: Proper use of paid leave for assisting disabled family members (Il Sole 24 Ore, 7 February 2025 – Vittorio De Luca, Alesia Hima)
Italian Law 104/1992 grants employees paid leave to assist family members with disabilities, with the cost covered by INPS (the National Institute for Social Security). However, misuse of this benefit has led to judicial investigations to identify potential violations of the law. Case law has helped clarify what constitutes abuse.
The law grants leave for caregiving but does not clearly define the conditions under which its use becomes abusive. In general, courts have adopted a broad interpretation, stating that caregiving includes all tasks a disabled person cannot perform independently, not just personal assistance at home.
In a recent ruling (October 10, 2024, no. 26417), the Italian Supreme Court clarified that caregiving does not require constant presence at the family member’s home, but can include errands, as long as they are aimed at the disabled person’s well-being. The Court also confirmed that using leave outside working hours does not count as abuse, since the leave is granted on a daily, not hourly, basis.
In another ruling (September 9, 2024, no. 24130), the Court stated that personal activities, as long as they do not interfere with caregiving, are not considered abusive. However, if the employee engages in activities far from caregiving, such as going to the beach instead of assisting a family member (Cass. Civ., Labor Section, June 16, 2021, no. 17102), it is considered misuse, and the employer can take disciplinary action, including dismissal for just cause.
Employers can hire investigative agencies to check for abuse, but these investigations must be conducted within legal boundaries, respecting the employee’s privacy.
Continue reading the full version published in Il Sole 24 Ore.
The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…
Headnote In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…
The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…
The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…
Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…
The Italian Supreme Court (Labour Section), in Order No. 25231 of 11 September 2026, upheld the lawfulness of the dismissal for just cause of a store manager who…