Parental leave: what mothers and fathers are entitled to

Newborn · Family · Reviewed 20 June 2026 · All articles

The Italian parental leave system gives new mothers and fathers a structured set of entitlements covering the weeks around birth and the early years of a child's life. At its core are three separate schemes: congedo di maternita (maternity leave), congedo di paternita obbligatorio (mandatory paternity leave), and congedo parentale (optional parental leave). Each has its own duration, pay rate, timing rules, and application process, all administered by INPS (Istituto Nazionale della Previdenza Sociale).

Understanding how the three schemes fit together helps families plan finances and work arrangements well before the birth. This article explains each entitlement in detail, covers the 2024 reforms that raised pay rates for parental leave, and explains how to apply through the INPS online portal.

Maternity leave: congedo di maternita

Congedo di maternita is the main maternity leave entitlement for employed mothers in Italy. It provides five months of paid, job-protected leave, and is governed by Legislative Decree 151/2001 (the Testo Unico delle disposizioni legislative in materia di tutela e sostegno della maternita e della paternita). All employed mothers who contribute to INPS are entitled to it, and a parallel scheme covers certain categories of self-employed women and para-subordinate workers.

The five months can be arranged in three ways. The standard arrangement is two months before the expected date of birth and three months after. This is by far the most common choice and the default if no other preference is stated. A second option, introduced to give mothers more flexibility, allows the leave to be shifted: one month before the birth and four months after. To use this option the mother must obtain a medical certificate confirming that continuing work in the final weeks poses no risk to herself or the baby, and the employer must also confirm that the role is compatible with late pregnancy. The third option, known as the flessibilita del congedo di maternita, allows a mother to work right up to the expected date of birth and take all five months as postnatal leave, again subject to medical clearance and employer agreement.

The pay during congedo di maternita is 80 percent of the average daily salary, calculated on the basis of contributions paid to INPS. For most employed workers the allowance is paid by the employer on behalf of INPS and then recovered by the employer from INPS. In some sectors, particularly smaller companies, INPS pays the allowance directly to the employee. Either way, the net effect for the employee is the same: 80 percent of ordinary pay for five months.

Job protection during congedo di maternita is strong. A mother cannot be dismissed from the start of pregnancy until the child reaches one year of age, with very limited exceptions (such as gross misconduct unrelated to the pregnancy). This protection is set out in Legislative Decree 151/2001 and is enforced by the Ispettorato Nazionale del Lavoro.

In the event of a premature birth, any prenatal leave not yet taken is added to the postnatal leave period. If the baby is hospitalised after birth, the mother has the right to suspend the postnatal period of congedo di maternita and take it once the baby has been discharged. These protections recognise that unexpected complications can significantly change a family's plans.

Mandatory paternity leave: congedo di paternita

Congedo di paternita obbligatorio is mandatory paternity leave: the father must take it, and the employer must grant it. It was introduced as a pilot measure and made permanent by the Budget Law 2022 (Legge di Bilancio 2022), which set the entitlement at 10 days of paid leave. The leave must be taken within 5 months of the birth, and the 10 days can be taken all at once or spread across the five-month window. The father can also take one additional voluntary day (congedo di paternita facoltativo) in lieu of one day of the mother's maternity leave, provided the mother agrees and formally gives up that day.

The pay rate for congedo di paternita obbligatorio is 100 percent of salary. This full-pay rate distinguishes it from the lower rates that apply to optional parental leave and reflects the legislative intent to make paternity leave genuinely accessible, rather than something fathers skip because of the financial cost.

The 10 days do not have to be consecutive. Many fathers choose to take some days immediately after the birth, when the mother returns home from hospital, and keep the remaining days for later in the five-month window, for example when the mother has a postnatal check-up, when the first vaccination appointment falls, or simply when additional support is needed at home.

To take the leave, the father must notify the employer in writing at least 15 days in advance (or as soon as reasonably possible for unplanned circumstances). The father must also file a communication with INPS, either directly through the INPS online portal or through a patronato (a free welfare assistance office available to all workers). INPS reimburses the employer for the cost of the leave at the 100 percent rate.

It is worth noting that the 10-day entitlement applies to employed fathers (lavoratori dipendenti). Self-employed fathers, freelancers, and para-subordinate workers are not covered by this specific measure, though separate INPS provisions may apply depending on the type of contribution fund the worker is enrolled in. Fathers who are uncertain about their status should contact their patronato or check the INPS website at inps.it for guidance specific to their gestione previdenziale.

Optional parental leave: congedo parentale

Congedo parentale is the longer optional leave that either parent can take after the period of maternity or paternity leave. It is governed by Legislative Decree 151/2001 and was significantly reformed by Legislative Decree 105/2022, which transposed the EU Work-Life Balance Directive into Italian law. Further changes were introduced through subsequent Budget Laws, with the most significant pay-rate increases taking effect in 2024.

Each parent is entitled to a maximum of 6 months of congedo parentale individually. The total combined leave for both parents together cannot exceed 10 months. However, if the father takes at least 3 months of congedo parentale himself, the combined ceiling rises to 11 months. The leave can be taken at any point from the end of maternity leave until the child turns 12 years of age. It does not need to be taken in a single block: parents can take it in separate periods, and can alternate between full-time leave, part-time leave (where available), or intermittent days, depending on what the employer agrees.

The 2024 reform raised the pay rate for congedo parentale significantly. Under the revised rules, each parent's first 3 months of congedo parentale, taken within the first 6 years of the child's life, are paid at 80 percent of salary. This 3-month quota at 80 percent is non-transferable: it cannot be passed from one parent to the other. If the mother does not take her 3-month quota, it is simply not available to the father, and vice versa. This design deliberately incentivises both parents to take leave, rather than concentrating all the leave-taking on one parent (in practice, almost always the mother).

After the first 3 months at 80 percent, the remaining congedo parentale is paid at 30 percent of salary, up to the total entitlement caps. For leave taken after the child's sixth birthday up to the twelfth birthday, the rate is also 30 percent. Between the child's ages of 12 and 15 the leave is unpaid, though job protection continues to apply.

The practical effect of the 2024 reform is meaningful. A mother taking 3 months of congedo parentale at 80 percent receives a much more manageable income reduction than under the previous 30 percent rate, making it financially more feasible to extend leave beyond the mandatory maternity period. Similarly, a father taking 3 months at 80 percent has a genuine financial pathway to spend extended time at home in the first year. The hope behind the reform is that more fathers will actually use their entitlement, closing the large gap between men's and women's take-up of parental leave that has historically characterised the Italian labour market.

How to apply through INPS

All applications for congedo di maternita, congedo di paternita, and congedo parentale are handled by INPS (Istituto Nazionale della Previdenza Sociale), the national social security institute. Applications are made online through the INPS portal at inps.it. To log in, workers need either their SPID (Sistema Pubblico di Identita Digitale, a digital identity used across Italian public services) or their CIE (Carta di Identita Elettronica, the digital chip on a newer Italian identity card). Both can be set up through official government channels and are widely used for public service access across Italy.

For congedo di maternita, the application is called "domanda di maternita" and should be submitted at least 30 days before the leave starts. The documents needed include a medical certificate from a gynaecologist or obstetrician confirming the pregnancy and the expected date of birth, the applicant's tax code (codice fiscale), and employment details. If the mother opts for the flexible arrangement (starting leave later than two months before the birth), she also needs to upload the medical clearance confirming the arrangement is safe, as well as written confirmation from the employer.

For congedo di paternita, the father notifies the employer in writing (usually a brief letter or email) and files a communication with INPS at least 15 days before the first day of leave, or as early as possible if the birth is sudden. The INPS communication is done through the same online portal using SPID or CIE.

For congedo parentale, the application must specify the period of leave requested, whether it is taken continuously or in separate periods, and whether the parent is requesting the higher 80 percent rate (for the first 3 months) or the standard 30 percent rate. INPS processes applications and issues the authorisation (autorizzazione al congedo parentale), which the employer then records in the payroll system.

Workers who are not comfortable navigating the INPS online portal can get free assistance from a patronato office. Patronati are bodies associated with trade unions and other worker organisations (such as INCA, ACLI, CAAF) that provide free help with social security applications. They have offices in most cities and towns across Italy and are experienced in handling INPS paperwork on behalf of workers. Using a patronato adds no cost and can prevent errors that delay the application.

Job protection and rights during leave

Italian law provides robust job protection for parents during and after parental leave, primarily through Legislative Decree 151/2001 and subsequent amendments. The core protections are as follows.

From the start of pregnancy until the child reaches one year of age, a mother cannot be dismissed except in cases of gross misconduct unrelated to the pregnancy, company liquidation, or the expiry of a fixed-term contract that was agreed before the pregnancy. Any dismissal that falls outside these narrow exceptions is void and the employee can challenge it at the Tribunale del Lavoro (Labour Court). In practice, employers who attempt to circumvent the protection by pressuring an employee to resign rather than dismissing her formally are also in violation of the law, and such pressure can be reported to the Ispettorato Nazionale del Lavoro.

After returning from congedo di maternita or congedo parentale, the employee has the right to return to the same role she or he held before the leave. If the role no longer exists because of a genuine restructuring, the employer must offer an equivalent position with the same contractual conditions. Returning parents cannot be demoted or moved to a less favourable role as a consequence of having taken leave. The right to professional training and development, including any courses or promotions that arose during the leave period, must also be made available to the returning employee.

Parental leave periods count towards seniority for the purposes of severance pay (trattamento di fine rapporto, or TFR) calculations. This means that taking leave does not reduce the TFR entitlement that accumulates over a worker's career with an employer. In addition, the periods of maternity leave count as full contribution periods for pension purposes, while periods of congedo parentale are credited at a reduced rate according to INPS rules.

Frequently asked questions

Can fathers take paternity leave if they are self-employed?

The mandatory congedo di paternita obbligatorio of 10 days applies only to employed fathers (dipendenti). Self-employed fathers are not covered by this specific entitlement. However, some categories of self-employed workers may be eligible for separate INPS maternity or paternity allowances depending on their contribution history and the type of self-employment scheme they are enrolled in. Check your specific INPS gestione (contribution fund) for the rules that apply to your situation.

What pay do you receive during congedo parentale?

Under the 2024 reform, the first three months of the non-transferable quota for each parent are paid at 80 percent of salary. After those three months, the remaining congedo parentale is paid at 30 percent of salary until the child turns 12, subject to the total leave limits per parent. INPS pays the allowance directly or through the employer depending on the company size.

When must you apply for maternity leave?

The application for congedo di maternita should be submitted to INPS before the leave begins, ideally at least 30 days in advance. The standard arrangement starts two months before the expected due date, so the application should be in well before that point. You will need your medical certificate confirming the pregnancy and expected due date, your employment details, and your INPS PIN or SPID credentials to file online through the INPS portal at inps.it.

Can both parents be on leave at the same time?

Yes, under certain conditions. The father can take his 10 days of mandatory paternity leave at the same time as the mother is on maternity leave. For congedo parentale, both parents can in principle be on leave simultaneously, but the total combined leave for both parents must not exceed 10 months (or 11 months if the father takes at least three months). Each parent has an individual entitlement up to their respective cap, so overlapping periods are permitted as long as each parent stays within their own limit.

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