Mandatory maternity leave: how to do it

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Philippe Gloaguen
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Il compulsory maternity leave it consists of a period of compulsory abstention from work for the mother that covers a period of time equal to 5 months between the birth, i.e. two months before the expected date of delivery and three after or 1 month and 4 or finally, new from 2022 , 5 months immediately after giving birth. But how to request it?



In this article

  • Mandatory maternity leave: what is it
  • Mandatory maternity leave: who is entitled to
  • Mandatory maternity leave: how to do it
  • Documents
  • Late compulsory maternity leave

 



 

 

Read also: Maternity and work: how do women organize themselves?

Mandatory maternity leave: what is it

Maternity leave is the period of compulsory abstention from work recognized for employees during pregnancy and childbirth. During the period of leave, the mother will be entitled to receive remuneration: the maternity allowance is equal to 80% of the last salary daily. The employer or the INPS pays.



For those enrolled in the INPS separate management, maternity leave is recognized only upon payment of at least three months of contributions. Maternity leave for employees, on the other hand, is due from the first day of work.

Who can request it:

  • employees insured with INPS also for maternity, including workers insured under IPSEMA;
  • learnerworkersemployedmanagers with an ongoing employment relationship at the start of the leave;
  • unemployed o suspended, according to the provisions of Article 24 of the aforementioned Single Maternity / Paternity Text (TU);
  • agricultural workers indefinite or fixed term who, in the year of the start of the leave, are in possession of the status of laborer with registration in the annual lists of names for at least 51 days of agricultural work (article 63 of the Consolidated Law);
  • domestic and family service workers (home helps and carers), in accordance with the provisions of article 62 of the Consolidated Law;
  • home workers (article 61 of the TU);
  • LSU or APU workers (socially useful or public utility activities of article 65 of the Consolidated Law);
  • workers registered with the INPS Separate Account and not retired in possession of the contribution requirement established by law to finance maternity economic benefits. The related indemnity is recognized regardless of actual abstention from work;
  • lowspeakers employed by public administrations (including former INPDAP and ENPALS employees) who are required to fulfill the obligations established by law in the event of maternity towards the public administration on which they depend and from which they receive the relative indemnity, corresponding to the salary, in accordance with the provisions of articles 2 and 57 of the TU.

Mandatory maternity leave: who is entitled to

According to the provisions of articles 16 and following, maternity leave begins Two months earlier the estimated date of delivery. The period of abstention may concern gestation periods prior to two months if the anticipated ban is arranged at the disposal of the Local Health Authority, if the pregnancy is at risk, or of the Territorial Labor Directorate if the duties are incompatible with pregnancy.



After the birth, the leave lasts:

  • three months and, in the event of childbirth after the presumed date, the days between the presumed and actual date;
  • three months plus unused days, if the birth is earlier than the expected date (premature or early birth). This also occurs in the event that the sum of the three months following the birth and the days between the actual date and the presumed date of the birth exceeds the limit of five months;
  • the entire interdiction period extended ordered by the Territorial Labor Directorate (for tasks incompatible with childbirth).

The budget law for 2022 introduced, as an alternative to the usual methods of use referred to in Article 16, paragraph 1, Legislative right for mothers to abstain from work only after the event of childbirth, within the following five months, provided that the doctor certifies that this option cannot be negative for the health of the mother and the child.

In case of twin birth the duration of maternity leave does not vary.

The date of birth must always be added to the five months of maternity leave.

If the newborn is admitted to a facility, the mother can suspend even partially the postpartum leave and return to work. The mother will take advantage of the residual leave period starting from the child's discharge. This right can be exercised once for each child, only if the mother's health conditions are compatible with the resumption of work and certified by a medical certificate.

In the event of adoption or foster care, the suspension of the period of maternity leave for the hospitalization of the minor is envisaged only for workers and employees, provided that work has been resumed.

In case of termination of pregnancy after 180 days from the start of gestation or death of the child at birth or during maternity leave, the worker can abstain from work for the entire period of maternity leave, unless she renounces the right to take maternity leave. According to the provisions of law no. 4, for national adoption or fostering of a minor maternity leave is due for five months starting from the entry into the family of the child adopted or entrusted before adoption.

 le international adoptions or pre-adoptive fostering, the leave is due for five months starting from the entry into the country of the adopted or fostered child, with the period of leave that can be taken even partially before the child enters the country. If the custody is not pre-adoptive, the leave is due to the workers and employees for three months, even split over five months, starting from the custody of the minor. This leave, on the other hand, does not apply to workers enrolled in the Separate Account.

Il paternity leave it is recognized when events concerning the child's mother occur and is due in the event of:

  • death or serious illness of the mother. The requesting father, when completing the application, indicates the mother's details and the date of her death. The health certificate of serious illness must be presented in a sealed envelope to the medical-legal center of INPS, at the counter or by registered mail;
  • abandonment of the child by the mother, to be certified by completing the online declaration of responsibility;
  • exclusive custody of the child to the father, who communicates the identification elements of the provision indicating the judicial authority, the section, the type and number of the provision, the date of filing in the registry. However, to speed up the definition of the request, the parent can attach a certified copy of the original of the court order.

In the event of the adoption or fostering of minors, in addition to the above events, paternity leave can be used by the father following the total or partial renunciation of maternity leave by the working mother to which he is entitled. The waiver is confirmed by completing the online declaration of responsibility.

Paternity leave, which runs from the date on which one of the events listed above occurs, lasts as long as the period of maternity leave not taken by the working mother. If the mother is a non-working mother, the paternity leave ends three months after the birth.

In case of recovery of the child in a hospital, paternity leave may be suspended, even partially, until the child is discharged.

Mandatory maternity leave: how to do it

La INPS maternity leave application in 2022 it must be sent before the two months preceding the expected date of delivery and the deadline is set at the latest within one year of the end of the indemnifiable period.

Before the start of the period of maternity leave, the worker must submit the medical certificate of pregnancy to INPS, through a doctor of the National Health Service or with an agreement with it.

The worker is required to communicate the date of birth of the child and the relative details within 30 days of the birth.

After having prepared all the documentation, we just have to submit the mandatory maternity leave application to INPS.

The worker can be assisted in submitting the application for compulsory leave:

  1. by a patronage;
  2. or from the contact center INPS toll free number 803164 or 06164164 from mobile;
  3. or finally, you can apply online on the INPS website using your personal INPS PIN.

Male and female workers can submit their maternity leave application online to INPS through the dedicated service.

The application provides for the possibility of attaching:

  • copy of the documentation useful to speed up the acceptance of the same;
  • anticipated / postponed interdiction measures;
  • authorization to enter the country of the foreign minor for adoption or pre-adoptive fostering issued by the Commission for International Adoptions;
  • certificate of entry into the family of the adopted / fostered minor

Mandatory online maternity leave application

If you want to apply for maternity online independently, you will have to follow these instructions.

  1. First of all, if you do not have the credentials to access the INPS site, you must request them through the "request pin online" service.
  2. Once we have received the pin, we must first transform it into a "device pin" and at this point we can proceed with filling in the application.

In the various screens you will be asked for the following data:

  • Personal data, residence and address;
  • Data related to maternity, such as the estimated date of birth, if you intend to make use of the flexibility or if you are on early interdiction;
  • Employment relationship data: current employer, date of hiring, sector of affiliation;
  • Method of payment of the service.

At this point the insertion of the data necessary for submitting the application is finished, you will have a last screen in which the necessary documents to be attached are summarized and finally the summary of the application itself in order to check it.

Documents

To apply for compulsory maternity leave, you need:

  • Identity card of the applicant;
  • Tax code of the applicant;
  • Last paycheck;
  • Telematic pregnancy certificate;
  • Birth certificate;
  • Any certificate of adoption or pre-adoptive foster care;
  • INPS Model SR14 or Model SR01 (provided by the general practitioner);
  • If payment is not prepaid by the employer, choose whether:
    • credit on the applicant's IBAN;
    • domiciled bank transfer;
  • In the event of paternity allowance, additional documents will be required as appropriate.

Late compulsory maternity leave

If the question arises late, that is beyond the completion of the seventh month, the check will be lost for the entire period of time between the expiry date of the application and the moment in which its approval is obtained.

For example, if the mother who will continue her working activity submits the application after the eighth month, she will lose a full month of leave and also the related allowance.

So, even if you stay at work until the birth, you will still have to apply downtown il seventh month.

Article sources: inps

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