Legislative Decree of 30 June 2022 no. 105, implementing the “Directive (EU) 2019/1158 on work-life balance for parents and caregivers and repealing Council Directive 2010/18/EU” has been in force since 13 August. The measure stated that working fathers are entitled to leave, from two months before the presumed date of birth and within five months afterwards, for ten working days, not divisible by hours, which could be taken continuously (mandatory paternity leave). An administrative sanction of between €561 and €2,582 is applied to employers who prevent the worker from taking such leave. Where such conduct is carried out in the two years preceding the request for gender equality certification, the latter shall not be issued. The parental leave duration is extended (i) from 10 to 11 months for single-parent households; (ii) from six to nine months, the period of parental leave covered by an allowance of 30 per cent, without prejudice to the maximum limits of leave taken by parents (iii) from six to 12 years, the age of the child up to which parents, including adoptive and foster parents, may take parental leave, compensated as set out above; (iv) from eight to 12 years, the age of the child up to which parents may take parental leave compensated at 30 per cent of salary. Employers entering into individual smart working agreements must prioritise requests made by (i) workers with children up to 12 years of age or without any age limit for children with disabilities. The same priority is given to requests from workers with disabilities in a situation of ascertained seriousness or who are “caregivers.”

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