Navigating employee leave entitlements in Italy requires a thorough understanding of both statutory requirements and the provisions set forth in collective bargaining agreements (CBAs). Italian labor law provides a framework for various types of leave, ensuring employees have time off for rest, personal events, illness, and family responsibilities. While the law establishes minimum standards, CBAs, which are widespread across different sectors, often enhance these benefits, offering more generous terms regarding duration, pay, and eligibility. Employers operating in Italy must comply with the specific CBA applicable to their industry and employee roles, in addition to national legislation.
Ensuring compliance with these varied regulations is crucial for businesses employing staff in Italy. This involves correctly calculating leave accruals, processing leave requests, and managing payroll according to the specific rules for each type of absence, whether it's annual vacation, sick leave, or parental leave. Understanding these policies is key to maintaining a compliant and positive employment relationship.
Annual Vacation Leave
Italian law mandates a minimum of four weeks (26 working days if the work week is 6 days, or 20 working days if 5 days) of paid annual leave per year. This entitlement accrues monthly based on the employee's service.
- Employees must take at least two weeks of their accrued leave within the calendar year it is earned.
- The remaining two weeks must be taken within 18 months following the end of the accrual year.
- Untaken leave beyond the statutory minimum may be carried over or potentially paid out upon termination, depending on the applicable CBA and company policy. However, the statutory minimum cannot typically be paid in lieu of time off, except upon termination of employment.
CBAs often provide for more than the statutory minimum leave entitlement, sometimes increasing it based on seniority.
Public Holidays
Italy observes several national 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 premium pay, as defined by the relevant CBA.
Here are the standard public holidays observed in Italy:
| Date | Holiday Name |
|---|---|
| January 1 | New Year's Day |
| January 6 | Epiphany |
| Easter Sunday | Easter Sunday (Variable) |
| Easter Monday | Easter Monday (Variable) |
| April 25 | Liberation Day |
| May 1 | International Workers' Day |
| June 2 | Republic Day |
| August 15 | Assumption Day |
| November 1 | All Saints' Day |
| December 8 | Immaculate Conception |
| December 25 | Christmas Day |
| December 26 | St. Stephen's Day |
Note: Some regions or cities may observe additional local holidays (e.g., the feast day of their patron saint).
Sick Leave
Employees in Italy are entitled to paid sick leave when they are unable to work due to illness or injury. The process requires the employee to notify the employer promptly and obtain a medical certificate from a doctor. The doctor electronically submits the certificate to the National Social Security Institute (INPS), which then makes it available to the employer.
- Duration: The maximum duration of paid sick leave is typically defined by the applicable CBA, often ranging from 180 to 360 days within a reference period (e.g., a calendar year or 3 years).
- Pay: Sick pay is usually a combination of contributions from the employer and INPS. The percentage of salary paid varies depending on the length of the sick leave period and the specific CBA. Often, the employer covers the first few days (een wachtdag), after which INPS pays a percentage (e.g., 50% or 66.66%), and the employer may supplement this amount to reach a higher percentage (e.g., 75% or 100%) for a certain period.
- Job Protection: An employee's job is protected during sick leave up to the maximum duration specified by the CBA (known as the "periodo di comporto"). After this period, the employer may have the right to terminate the employment contract, subject to specific procedures.
Parental Leave
Italian law provides comprehensive parental leave entitlements for both mothers and fathers, covering maternity, paternity, and optional parental leave.
Maternity Leave (Congedo di Maternità)
- Duration: Mandatory 5 months. Typically taken as 2 months before the expected birth date and 3 months after, but can also be taken as 1 month before and 4 months after, or entirely after the birth (0+5 maanden), subject to medical certification.
- Pay: Paid at 80% of the employee's average daily wage by INPS. CBAs may require the employer to supplement this amount.
- Eligibility: Biological mothers, and in specific cases, adoptive or foster mothers.
Paternity Leave (Congedo di Paternità Obbligatorio)
- Duration: Mandatory 10 werkdagen. Can be taken flexibly between two months before the expected birth date and five months after the birth.
- Pay: Paid at 100% of the employee's average daily wage by INPS.
- Eligibility: Biological fathers. An additional optional day is available if the mother gives up one day of her mandatory leave.
Optional Parental Leave (Congedo Parentale)
- Duration: Parents can collectively take up to 11 maanden of optional parental leave per child until the child turns 12 years old.
- Each parent is entitled to a maximum of 6 maanden individually.
- If the father takes at least 3 maanden, the total entitlement for the couple increases to 11 maanden.
- Pay:
- For periods taken until the child is 6 years old, 6 maanden total (shared between parents) are paid at 30% of salary by INPS.
- An additional month (for a total of 7 maanden shared) taken by either parent until the child is 6 is paid at 80% of salary for 2024 and 2025.
- Further periods taken until the child is 12 are generally unpaid, although some CBAs may provide for supplementary pay.
- Eligibility: Both biological, adoptive, or foster parents.
Adoption and Foster Care Leave
Similar leave entitlements apply in cases of adoption and foster care, with specific rules regarding the timing of leave relative to the child's entry into the family.
Other Types of Leave
Beyond the main categories, Italian law and CBAs provide for various other types of leave to cover specific personal circumstances:
- Bereavement Leave (Permesso per Lutto): Typically 3 werkdagen per event for the death of a close relative, often regulated by CBAs.
- Marriage Leave (Permesso Matrimoniale): Usually 15 consecutive dagen of paid leave for employees getting married, often regulated by CBAs.
- Study Leave (Permesso Studio): Employees pursuing education may be entitled to a certain number of paid or unpaid hours or days off for exams or study, as defined by CBAs.
- Leave for Personal Reasons (Permesso per Motivi Personali): CBAs may grant a limited number of paid or unpaid hours or days for urgent personal or family reasons.
- Leave for Disability Assistance (Permessi Legge 104): Employees assisting a family member with a severe disability are entitled to 3 paid dagen off per maand.
- Sabbatical Leave: Less common and not strictly regulated by law, sabbatical leave may be offered by some employers or defined within specific CBAs, often as an extended period of unpaid leave.
