Managing employee leave and vacation entitlements is a critical aspect of compliance and employee satisfaction when operating internationally. San Marino, a sovereign state located within Italy, has its own distinct labor laws and regulations governing various types of leave, including annual vacation, public holidays, sick leave, and parental leave. Understanding these requirements is essential for employers to ensure they meet their legal obligations and support their workforce effectively.
San Marino's labor framework provides employees with specific rights regarding time off, designed to ensure adequate rest, address health needs, and support family responsibilities. These entitlements are generally established by law, though collective bargaining agreements can often provide more favorable conditions for employees. Adhering to these regulations is key to smooth operations and maintaining a positive employment relationship within the Republic.
Annual Vacation Leave
Employees in San Marino are entitled to a minimum period of paid annual leave. The specific duration can vary based on factors such as length of service and the applicable collective bargaining agreement, but a legal minimum is established.
- Minimum Entitlement: The standard minimum paid annual leave entitlement is typically four weeks per year.
- Accrual: Leave generally accrues based on the period of service.
- Timing: The timing of leave is usually agreed upon between the employer and employee, taking into account business needs and the employee's preferences.
- Carry-over: Rules regarding the carry-over of unused leave to the following year may be defined by collective agreements.
- Payment: Employees are entitled to their normal remuneration during their annual leave period.
Public Holidays
San Marino observes a number of public holidays throughout the year. Employees are generally entitled to a paid day off on these dates. If an employee is required to work on a public holiday, they are typically entitled to increased compensation, often at a premium rate. The public holidays observed in 2025 include:
| Date | Holiday |
|---|---|
| January 1 | New Year's Day |
| January 6 | Epiphany |
| February 5 | Feast of Saint Agatha |
| March 25 | Anniversary of the Arengo |
| April 20 | Easter Sunday |
| April 21 | Easter Monday |
| May 1 | Labour Day |
| June 19 | Corpus Christi |
| July 28 | Anniversary of the Fall of Fascism |
| August 15 | Assumption Day |
| September 3 | Republic Day |
| November 1 | All Saints' Day |
| November 2 | Commemoration of the Dead |
| December 8 | Immaculate Conception |
| December 24 | Christmas Eve (afternoon) |
| December 25 | Christmas Day |
| December 26 | Saint Stephen's Day |
| December 31 | New Year's Eve (afternoon) |
Note: Some holidays falling on a Sunday may be observed on the following Monday, depending on specific regulations or collective agreements.
Sick Leave
Employees in San Marino are entitled to paid sick leave when they are unable to work due to illness or injury. The process typically involves obtaining a medical certificate from a doctor.
- Entitlement: The duration of paid sick leave can vary, often depending on the employee's length of service and the applicable collective agreement. There are usually limits on the maximum duration of paid sick leave within a specific period (e.g., a year).
- Notification: Employees are required to notify their employer promptly of their absence due to sickness and provide a medical certificate.
- Payment: Sick leave pay is typically a combination of contributions from the employer and the social security institute (Istituto per la Sicurezza Sociale - ISS). The percentage paid by each party and the total amount received by the employee can vary based on the duration of the illness and collective agreements. It is common for the employee to receive a significant portion, if not all, of their regular salary for a defined period.
Parental Leave
San Marino provides various types of leave to support parents, including maternity, paternity, and adoption leave.
Maternity Leave
- Duration: Pregnant employees are entitled to mandatory maternity leave, typically covering a period before and after childbirth. The standard duration is usually around 5 months, often starting two months before the expected delivery date and continuing for three months after childbirth. This period can be extended in certain circumstances.
- Payment: Maternity leave is generally paid through social security benefits provided by the ISS. The benefit amount is typically a percentage of the employee's average earnings, often close to 100% for the mandatory period.
Paternity Leave
- Duration: Fathers are also entitled to paternity leave to be with their partner and newborn child. The duration is typically shorter than maternity leave, often a few days or weeks, depending on the applicable collective agreement or specific regulations.
- Payment: Paternity leave may be paid by the employer or through social security, depending on the specific provisions.
Adoption Leave
- Duration: Employees who adopt a child are also entitled to leave, similar to maternity leave, to care for the newly adopted child. The duration is often comparable to maternity leave and may depend on the child's age.
- Payment: Adoption leave is typically paid through social security benefits.
Other Types of Leave
In addition to the main categories, employees in San Marino may be entitled to other types of leave, often regulated by collective agreements or specific laws:
- Bereavement Leave: Leave granted to employees in the event of the death of a close family member. The duration is typically a few days.
- Study Leave: Employees may be granted leave to pursue educational or training programs, often under specific conditions related to length of service and the relevance of the study.
- Leave for Civic Duties: Leave may be granted for fulfilling civic obligations, such as jury duty.
- Unpaid Leave: While not a statutory entitlement in the same way as paid leave, unpaid leave may be agreed upon between the employer and employee for various personal reasons.
Specific entitlements and conditions for these types of leave can vary significantly based on the sector and the collective bargaining agreement that applies to the employee.
