DLP Insights


Catégories: DLP Insights, Legislation

10 Juin 2011
On June 9, 2011 the final version of the Legislative Decree – realization of one delegation of the so called “Collegato Lavoro” (Law no. 183/2010) – which aims to simplify and reorganize the provisions concerning the regulations of leaves for employees of public and private sectors, was approved by the Council of Ministers. In particular, it introduces: the acknowledgement of the right to return to work early – unless notice period of 10 days – for female employees after a miscarriage or untimely death of the child (Article 2); the acknowledgement that the special provisions on rests, in case of adoption and custody, will be valid throughout the whole first year of child’s entry in the family, rather than in the first year of child’s life (Article 8). Instead, parental leave for disabled children’s parents (Article 3) may be extended, but by following a precise scheme: for each child with disabilities in situations of gravity, one parent is now entitled to the extension of parental leave within the eighth year of the child and both parents of disabled children could enjoy, alternately, leave (6 months for the mother, 7 months for the father, 11 months for both the parents together), on a continuative or fractioned basis, for a maximum period of three years in total; it is provided for an extension of leave even if one parent have to nurse the child hospitalized in full-time specialized hospitals. New regulations are also provided for leave for the care of a serious disabled person (Article 4) which establish the right of both parents, also adoptive, to enjoy alternately the permits, even on a continuative basis, in the relevant month until a maximum of 2 years (for each parent) over the entire working life. The permit is also applied if the assisted person is not a child but a relative (first or second kinship) but only if the parents or the spouse of the disabled person are older than 65 years of age or are suffering from disabling diseases too or died. In this case, the person who assists the disabled who lives farther than 150 kilometers from the place of residence, has to give the proof of the travels actually executed (Article 6).

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