Italy finally acknowledges the dir. UE 2019/1158 on work permits, parental leave and extraordinary parental leave e caregiver who are employed in the private sector. (1)
Legislative Decree 30.6.22 n. 105, in force since 13.8.22, thus introduces some reforms to law 104/1992 (article 33) and to legislative decree 151/2001 (article 42.5). The news in summary to follow.
The reform under consideration aspires to 'to reconcile work and private life for parents and carers, as well as to achieve the sharing of care responsibilities between men and women and gender equality in the workplace and in the family'.
The Ministry of Labor and Social Policies has already provided some initial indications, which are relevant for the purposes of recognizing the related allowances to employees in the private sector. The detailed operational indications will follow in a special circular.
Mandatory leave paternity - for 10 working days, even if not continuous but not divisible by hours - can be enjoyed from 2 months prior to the presumed date of birth up to 5 months after.
The parent only is now entitled to parental leave for a total of 11 months, instead of 10.
Parental leave covered by an indemnity in the amount of 30% is extended as follows:
Work permits - until now reserved for a 'single point of contact for assistance' of a person with severe disability (law 104/92, article 33.3) - they can now be authorized to more than one entitled person, alternatively between them. Without prejudice to the overall limit of three days and the duty to provide assistance to the same person with a serious disability (Legislative Decree 105/22, article 3.1.b.2).
The extraordinary leave for assistance to disabled family members in a serious situation (Legislative Decree 151/2001, Article 42.5,) is extended to the 'de facto cohabitant', (3) alternatively and like the spouse and the part of the union civil (still limited, it should be remembered, to ties between persons of the same sex). Extraordinary leave is also due in the event that cohabitation was established after the request for leave, provided that it is guaranteed for its entire use. (Legislative Decree No. 105/2022, Article 2.1.n).
Starting from 13.8.22 they can therefore take advantage of extraordinary leave, in order of priority:
Applications for permits work and the extraordinary leave in question - 'pending the necessary IT updates'- can be submitted to INPS through the channels already in use (site website, contact center integrated, patronage institutes).
The cohabitants in fact, pending the necessary IT implementations, for the purpose of extraordinary leave they must attach, together with the application, asubstitutive declaration of certification'(self-certification) on de facto coexistence with the disabled person to be assisted. (4)
They are expressly prohibited discriminatory acts by the employer against workers who request and / or take advantage of work permits and extraordinary leave in the introduction.
The most serious discrimination on closer inspection it is inherent in the system, where:
(1) EU Dir. 2019/1158, relating to the balance between professional activity and family life for parents and carers, repealing Dir. 2010/18 / EU
(2) Legislative Decree 30.6.22 n. 105. In the Official Gazette General Series n. 176 of 29.7.22. https://www.gazzettaufficiale.it/eli/id/2022/07/29/22G00114/sg
(3) Legislative Decree 105/22 refers to thecohabitant in fact'referred to in law 20.5.16 n. 76, article 1.36 '. That means, '' two adults permanently united by emotional ties of a couple and mutual moral and material assistance, not bound by kinship, affinity or adoption, marriage or civil union'
(4) In the case of cohabitation 'legally required ' but not yet established, the applicant must also attach to the application a self-certification regarding the imminent establishment of cohabitation with the disabled family member
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.