Leave in Italy

Annual leave

Scope

Employees are entitled to four weeks of statutory paid annual leave per year.

Minimum leave

In addition to their statutory annual leave, employees are entitled by law to one rest day for each of the public holidays. There are 11 public holidays per year, plus one day for each municipality for the relevant patron Saint day. Employees are entitled to their normal salary for these days. Employees are also entitled to one rest day for each of the former four holidays that have now been which they can take during the calendar year.

Amount of holiday pay

An employee will receive their normal pay during their holiday with the possible exception of those pay elements connected to any particular work performed in any given period (eg overtime pay).

Procedural requirements

Leave can be taken in instalments. An employee must give the employer notice specifying the days on which leave is to be taken. The employer may impose specific requirements in relation to the timeframe within which the notice must be given to the employer. Employees cannot waive their right to take holiday and must take their holiday as follows:

• at least two weeks during the course of the calendar year to which the entitlement refers; and
• two weeks in 18 months after the end of the calendar year to which the entitlement refers.

Payment in lieu

An employer cannot make a payment in lieu of annual leave, with the following exceptions:

• termination of employment; and
• holiday periods exceeding the statutory mandatory four week period.

Termination

Employees cannot take their leave whilst they are under notice of termination of employment.

Other

If an employee is unexpectedly taken ill and the illness is duly reported and recognised during a period of holiday, the holiday period ends from the onset of the illness and the following sickness absence is not deducted from the employee’s holiday entitlement.

Maternity leave

All pregnant employees regardless of length of service are entitled to maternity leave. Even when applying for a job a woman is not under a duty to tell a prospective employer that she is pregnant. Pregnant workers must take five months’ maternity leave (compulsory rest period) which can be taken from two months before childbirth and for three months after. During the compulsory rest period, the mother is entitled to 80% of her regular pay from the social security authority and the period is counted as actual work time. In addition to the pay received by the social security authority, CCNLs usually require the employer to make up the difference in remuneration so that the worker receives their normal earnings. When coming back to work at the end of maternity leave, the employer must give the employee the same position, task and duties that were carried out before. A woman cannot be dismissed from the beginning of pregnancy until one year after the child’s birth (the protected period). Maternity leave can be converted into paternity leave (regardless of whether the mother is an employee or freelancer) in three circumstances:

• the child’s mother dies or is seriously ill;
• the mother abandons the child; or 
• the father is granted full custody by court judgment.

Paternity leave

See above for the circumstances in which maternity leave can be converted into paternity leave. An employee who takes paternity leave is entitled, and bound by, their normal terms and conditions (except for remuneration and where inconsistent with the ability to take leave). Contracts and collective bargaining agreements may provide for more favourable provisions.

Adoption leave

Employees, regardless of length of service, are entitled to adoption leave both when adopting children from within Italy and when adopting children from overseas. The adoption leave may only be taken by one of the adoptive parents. An employee who adopts children nationally is entitled to paid adoption leave during the five months following the actual placement of the child with them. An employee adopting from overseas is entitled to start the five months’ paid adoption leave prior to the arrival of the child in Italy in order to comply with the foreign adoption procedure or for the required period of residence abroad. Any remainder of the five months’ leave may be taken immediately following the arrival of the child in Italy.

Parental leave

Both the mother and father are entitled to take further leave up until the child reaches the age of twelve. No qualifying period of employment applies. The total amount of leave taken by both parents cannot exceed 11 months.

Time off for dependants

Employees are allowed time for situations affecting dependants. During this type of leave, the employer may not dismiss the employee. Whether or not the employee will continue to be remunerated for the period depends on the reason for taking time off.

Other

There are various other circumstances where employees may request time off.