INPS,\nwith its circular letter no. 45 of 25 March 2020, provided operating\ninstructions regarding the use of parental leave for the COVID-19 emergency and\nincrease of leaves as per the law no. 104 of 5 February 1992 both included in\nDecree Law no. 18 of 17 March 2020.<\/p>\n\n\n\n
Reference\nnormative framework <\/strong><\/p>\n\n\n\n The\ncircular letter in question concerns the special measures introduced by\narticles 23 and 24 of the Decree Law 18 of last 17 March (so-called \u201cDecreto\nCura Italia<\/em>\u201d, hereinafter \u201cDecree<\/em><\/strong>\u201d), aimed at making it\neasier for families and workers to handle the epidemic emergency in progress. <\/p>\n\n\n\n Specifically,\narticle 23 of the Decree introduces an extraordinary parental leave<\/strong> to\ntake care of minors during the period when pre-school educational services and\nscholastic activities of all schools are suspended ordered by the Presidential\nDecree of 4 March 2020. <\/p>\n\n\n\n The\nleave, for a total of 15 days, can be used by workers employed in the private\nsector, workers enrolled in the INPS \u201cGestione Separata\u201d pension scheme,\nself-employed workers registered with INPS and employees of the public sector.\nAlternatively to the aforesaid leave, parents with children not over age 12\nhave been given the possibility to use a bonus of 600 euro to purchase\nbaby-sitting services. <\/p>\n\n\n\n Instead,\narticle 24 of the Decree, includes an increase in the number of days of paid\nleave<\/strong> as per law no. 104<\/strong> of 5 February 1992 for an additional 12\ndays which can be used in the months of March and April 2020. <\/p>\n\n\n\n These\nmeasures are also applicable for adoptive and foster parents or those who have\nminors in temporary placements.<\/p>\n\n\n\n Period\nto use leave and relative indemnity<\/strong><\/p>\n\n\n\n The\nInstitute with the circular letter in question, set out the operating\nprocedures for being able to use the leave, specifying, at the same time that\nparents employed in the public sector must follow the instructions provided\nwith the Public Administration where they are employed.<\/p>\n\n\n\n As\nmentioned, use of the extraordinary parental leave, may occur for a continuous\nor fractioned period, however not longer than a total of 15 days starting from\n5 March 2020 is alternatively granted to just one of the parents for family.\nThis requires, for this benefit, that no parent benefits from wage support\ninstruments provided in the event of suspension or termination of work or\nanother parent unemployed or not working.<\/p>\n\n\n\n Operating\nprocedures for using the leave <\/strong><\/strong><\/p>\n\n\n\n The new\nCOVID-19 leave guarantees greater protections compared to those that the\nparents can benefit from for care of their children using ordinary parental\nleave. Specifically, the new parental leave grants parents with children not\nolder than 12 an indemnity equal to 50% of their wages<\/strong>, calculated as\nstated by article 23 of the Legislative Decree no. 151 of 26 March 2001. INPS\nspecifies that (i) calculation of the days and payment of the indemnity occurs\nwith the same procedures envisaged for payment of parental leave and (ii) the\nprotection is granted even if the individual couple limits have been reached\nincluded in the specific laws on parental leave.<\/p>\n\n\n\n Instead,\nparents with children between ages 12 and 16, despite being granted leave, i.e.\nthe right to be absent from work for the period educational services and\nschools are closed, is not granted payment of any indemnity.<\/p>\n\n\n\n Those who\nintend to use the leave must:<\/p>\n\n\n\n Greater\nprotections are also provided for parents enrolled in \u201cGestione Separata\u201d\ncompared to ordinary parental leave. The COVID-19\nleave guarantees parents with children not over age 12 an indemnity equal to\n50% of 1\/365 of their income, identified according to the calculation basis\nused for determining maternity leave. <\/p>\n\n\n\n Similarly\nalso for self-employed workers registered with INPS the protection is expanded\nfrom an indemnity of 30% of pay provided only in the case of children up to age\n1, to an indemnity totaling 50% of daily conventional pay established annually\nby law, based on the type of self-employment carried out, for worker parents\nwith children up to age 12. <\/p>\n\n\n\n The Decree also includes an alternative benefit for subjects who\nreceive the above leave who may request a bonus for baby-sitting services up to\na maximum amount of 600 euro which, can reach 1,000 euro for workers in the\nhealthcare, defense and security sector. <\/p>\n\n\n\n INPS, with its circular letter no. 44 of 24 March 2020 provided\nthe operating instructions to be able to request this bonus, specifying that\nparents with children not over age 12 may benefit, but also those who at the\ntime the application is submitted have already turned 12, as long as by the\ndate of 5 March they were within the required age limit. <\/p>\n\n\n\n This age limit does not apply for children with disabilities in\nverified serious situations, enrolled with schools of all levels or those at\nday centers for the disabled.<\/p>\n\n\n\n The Institute, reiterating the contents of the Decree, clarified\nthat the benefit is due as long as the family<\/strong>\ndoes not have another parent who is the beneficiary of income support\ninstruments in the event of suspension or termination of their work (for\nexample, NASPI, CIGO, unemployment benefits, etc.) or another parent who is\nunemployed or not working, with whom an incompatibility exists and ban on\naccumulation.<\/p>\n\n\n\n Extension of paid\nleaves as per law no. 104\/1992 <\/strong><\/strong><\/p>\n\n\n\n Article 24\nof the Decree, as anticipated, includes an increase in the number of days of\npaid leave as per the law no. 104\/92. Therefore, subjects who have the right to\nthe leaves in question may use, in addition to the three days per month already\nguaranteed by the aforesaid law, another 12 working days to use in the months\nof March and April. <\/p>\n\n\n\n INPS\nspecified that the 12 days can also be used consecutively during one month or\nbroken down into hours.<\/p>\n\n\n\n Moreover,\nthe possibility of accumulating various leaves for the same worker is\nconfirmed. Therefore, if the worker cares for more than one disabled person,\nhe\/she can accumulate for the months of March and April 2020 another 12 days\nper dependent disabled person, in addition to the ordinary monthly leave of 3\ndays. <\/p>\n","protected":false},"excerpt":{"rendered":" INPS, with its circular letter no. 45 of 25 March 2020, provided operating instructions regarding the use of parental leave for the COVID-19 emergency and increase of leaves as per the law no. 104 of 5 February 1992 both included in Decree Law no. 18 of 17 March 2020. Reference normative framework The circular letter […]<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[177,190,203],"tags":[1117,1085,958],"class_list":{"0":"post-24291","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"hentry","6":"category-insights","8":"category-practice","9":"tag-congedo-parentale-straordinario-en","10":"tag-decreto-cura-italia-en","11":"tag-permessi-104-en"},"acf":[],"yoast_head":"\n