From Law 104 to Law 106: What's New for Vulnerable Workers and Caregivers?
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10 October 2025
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30 October 2025
Law 106 of July 18, 2025, published in the Official Journal on July 25 and in force since August 9, 2025, comes into force on January 1, 2026. The measure integrates and expands some of the protections guaranteed by Law 104/92 for people with disabilities and their caregivers. This concrete assistance, however, in some cases only benefits the most affluent.
Permits, leaves and job retention
From January 1, 2026, to the three monthly days of paid leave already provided for by law 104, other three days will be added 10 more hours of paid leave per year for visits, tests and therapies.
Such paid leave is granted to both public and private sector workers if
– suffering from oncological, chronic or disabling pathologies
– parents of a minor child with oncological, chronic or disabling pathologies
– family members who assist people with certified disabilities equal to or greater than 74%.
Law 106/2025 also introduces a leave of up to 24 months, continuous or fractional, with guarantee of job retention but without salary, contributions or severance payAn opportunity useful only for those with enough savings to live without any financial income or worries about support in old age.
Fast track for smart working
Further support for employees benefiting from the benefits provided under Laws 104 and 106 (disabled workers and caregivers) is the provision of a fast-track option for working from home (smart working or agile working).
Priority access to smart working begins at the end of any leave of absence (up to 24 months) provided for by the same law. This allows for a gradual and sustainable return to work.
However, this provision is only guaranteed if the job description and company needs allow it. This is, in fact, a stumbling block for many companies.
Self-employed workers included for the first time
For the first time, law 106 extends some protections also to self-employed workers.
Professionals and self-employed workers They will be able to suspend their activity for a maximum of 300 days per year in the event of oncological or disabling illnesses, while maintaining their social security position active.
Again, no compensation compensates for the loss of earnings, and the measure is only useful to those who can afford not to earn.
Le fitting instructions operating will be clarified in specific INPS circulars.
Marta Strinati
References
Law 18 July 2025, n. 106. Provisions concerning job retention and paid leave for medical examinations and treatments for workers suffering from oncological, disabling and chronic diseases. (25G00114). https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:2025;106
