Paternity leave pay in Italy. 2
Notes on Italian legislation. 2
Differences between a natural child and an adopted child. 3
Paternity leave and same-sex couples 3
What is paternity leave?
The characteristics of paternity leave can take on different forms from country to country, with or without associated pay: in some countries this period can also be granted to same-sex couples and adoptive parents .
Over the years, this right, progressively recognized, is part of the broader fight to promote gender equality in the workplace and in society at large.
Who can ask?
As a general rule, paternity leave can be granted to all fathers, whether biological or adoptive, who work as employees or self-employed : the conditions for requesting it vary from country to country.
In many countries, fathers can take paid paternity leave, for varying lengths, starting immediately after the child’s birth or for a further period of time. Sometimes, this right can only be granted if the mother has not already taken her maternity leave, though this also varies significantly depending on the situation in each country.
Normally, paternity leave must be explicitly requested by the father, by submitting a specific written request to the employer or the competent authorities . Further details cannot be obtained without specific information, which can only be obtained from local authorities or the employer.
How to apply
In the specific case of Italy, paternity leave must be requested by the working father through his company or through the INPS (National Institute of Social Security) if he is self-employed.
A working father, who is classified as an employee, must submit a written request to his employer , specifically specifying the period for which he wishes to benefit from the benefit. At least 15 days’ notice is required between the date of submission of the request and the start date of the leave, except in cases of emergency or complications related to the birth. Once the request is received, the employer is obligated to grant the leave and must also forward the request to INPS to activate the benefit application in accordance with the law.
Self-employed workers, however, must submit the application directly to INPS, using the form available on the website. The request must be submitted within 5 months of the child’s birth or the child’s adoption.
In both cases, a copy of the child’s birth certificate or adoption order must be submitted. Failure to provide this will result in the application being rejected.
Paternity leave pay in Italy
Italian law provides that fathers, whether employed or self-employed, can exercise the right to paid paternity leave for a total of seven consecutive working days. This period must be taken within the first five months of the child’s birth or the adoption of the child.
The amount of paternity leave corresponds to 80% of the father’s last gross salary and is paid by INPS (National Institute of Social Security).
The additional “Dad Bonus”
It is also worth highlighting the existence of the so-called “ Dad Bonus ”, a financial contribution to be paid to fathers who decide to take care of their child in the first months of his or her life: this bonus provides a one-off contribution of 600 euros , is paid in a single solution and can be requested in addition to paternity leave.
To apply for this bonus, the father, if employed, must submit the application independently to INPS , using the form available online on the Institute’s website or through the dedicated Contact Center ; all within six months of the end of paternity leave.
If the father is self-employed, the bonus can be requested at the same time as paternity leave, using the specific online form available on the INPS website. In this case, the application must be submitted within five months of the child’s birth or the adopted child’s actual entry into the family.
This bonus cannot be combined with other benefits or contributions paid for the same period of leave, such as, for example, maternity benefit or unemployment benefit .
Notes on Italian legislation
In Italy, paternity leave is guaranteed by a series of specific regulations , which differ depending on whether they refer to employed workers or self-employed workers.
For employees, the right is guaranteed by the applicable National Collective Labor Agreement (CCNL) and any applicable laws that may be complementary. There may be slight differences between the various CCNLs, but the overall framework remains the same.
For self-employed workers, however, the right is guaranteed by Law No. 92 of 28 June 2012 and subsequent amendments and additions.
It is essential to support the request for paternity leave with a copy of the biological child’s birth certificate or the provision certifying the adoption of the child into the family.
Differences between a natural child and an adopted child
The difference between a biological child and an adopted child depends on the way the child becomes part of the family.
A natural child is a child born to biological parents , without having undergone an adoption procedure according to the law: the natural child can be recognized by the biological father, the biological mother, or both.
An adopted child, on the other hand, is a child who enters a family through an adoption process , which can be national or international. Completing this process involves the transfer of rights and responsibilities, existing with the parent or biological family, to the adoptive parent or adoptive family. Italian law requires that the adopted child be recognized, for the purposes of the rights and responsibilities that characterize him or her, only after the adoption has taken place.
In both cases, the child therefore has the same rights and duties towards his parents and society: the main difference between the two situations does not lie in the emotional and legal relationship between the child and his parents, but is linked exclusively to the way in which the child becomes part of the family.
Paternity leave and same-sex couples
In relation to this particular case, it should be emphasized that, in Italy, paternity leave is granted to same-sex couples who are married or in a civil union and to gay or lesbian parents who have had a child using medically assisted procreation techniques.
In the case of same-sex couples who are married or in a civil union , the right to paternity leave is recognized for both parents and its duration is the same as that provided for couples with parents of different sexes.
However, in the case of gay or lesbian parents who have had a child using medically assisted procreation techniques, the right is recognized by the parent who physically registered the child’s birth, even if they do not qualify as the biological parent. In this case, the right assumes the same conditions and characteristics as those provided for parents of different sexes.
