Early maternity leave

Early maternity leave

Early maternity

A woman who is expecting a child has the right to compulsory leave from work two months before and three months after the birth for a total of five months, or in case of need she can request the early motherhood.

In the case of compulsory leave, the remuneration due to the mother is80% of the average daily wage for the employee or, in the case of the self-employed, the conventional salary. National contracts guarantee the full salary and the employer has to pay the difference.

Mandatory leave from work can be followed by optional maternity leave. This period is paid with 30% of the conventional salary and can last a maximum of 10 months.

Freelancers enrolled in the Separate Management also benefit from maternity leave, but their work abstention is essential to enjoy the replacement allowance. The self-employed workers, on the other hand, they are not obliged to interrupt their job duties.

However, a pregnant woman is not always able to go to work until the seventh or eighth month of pregnancy. There are cases where you can request the early maternity: stop working first to protect your health and that of the child, for example in the event of high-risk pregnancy.

Early maternity to whom it belongs

The following categories are entitled to apply for early maternity leave:

  • permanent and fixed-term employees in the public and private sectors
  • female workers who carry out occasional jobs
  • workers hired with project contracts and equivalent contracts
  • associates in participation and freelancers who pay contributions to the separate INPS management, but on condition that their health conditions put pregnancy at risk and stop working for the entire gestation period
Read also: Job Acts, how leave changes

When early motherhood can be requested

Early maternity is an anticipation of compulsory maternity leave recognized by law in the following cases:

  • in the case of serious complications of pregnancy or of pre-existing morbid forms that are presumed to be aggravated by the state of pregnancy;
  • when the working conditions o environmental are considered harmful to the health of the woman or child;
  • when, the worker assigned to transport and lifting weights, as well as to dangerous tiring and unhealthy work, cannot be moved to other duties.

How to submit an application for early maternity

In the first case the woman must apply to her ASL, in the other cases the application must be submitted to the Labor Inspection Service of the Territorial Labor Directorate corresponding to the registered residence.

The worker who intends to request early maternity from the ASL must go to the office with the medical certificate proving the pregnancy and a medical certificate proving the complications of pregnancy or previous morbid forms that could be complicated by pregnancy.

In other cases, the application must be submitted to the DTL by the worker or by the employer, always with the medical certificate of the gynecologist and any other useful document.

The provincial labor directorate issues a receipt in duplicate; a copy must be brought to the employer. The question approval response occurs in seven days. If no provision is issued within seven days, the application is accepted.

Remember that if the certificate is not issued by a gynecologist of a public body (hospital, ASL, etc.) but by a private gynecologist not accredited to the National Health Service, the worker must be subjected to a "health check" at a public facility.

Finally, keep in mind that the transition from early maternity to compulsory leave is not automatic, so you must apply for leave in the seventh month of pregnancy within the set deadlines.

Early maternity pay

Employees receive the same salary for early maternity as for compulsory maternity: 80% of the average daily salary of the last paycheck. There is also a share that is set aside for the severance pay and for holidays, is borne by the employer, however seniority is accrued and contributions are paid.

Freelance and para-subordinate workers receive 80% of 1/365 of the average annual income deriving from coordinated and continuous or freelance collaboration activities.

Early maternity tax visit

The competent ASL, at the request of the Labor Inspectorate, checks the presence of risk conditions in the workplace and then sends the report of the inspection to the Labor Inspectorate. The early interruption is granted with a provision of the Labor Inspectorate and is sent by registered letter to the employer and the pregnant woman for information. From that moment the health insurance expires and you can leave at any time for the duration of the pregnancy.

  • For further information: INPS
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