ITALY Law and Practice Contributed by: Angelo Zambelli, Barbara Grasselli and Alberto Testi, Zambelli & Partners
Employees are also entitled to eleven days off as public holidays. Almost all the NCBAs provide for an additional day of public holiday (the day of celebration of the patron saint). As for leaves, below you will find a list of those that the employees are entitled to. • Sickness leave: An employee is entitled to keep their job position for a certain period of time that changes accordingly to each NCBA (the “ • periodo di comporto ”). This period is a suspension of the employees’ contractual obligation to carry out their working activity, during which they are entitled to receive their full salary. A portion of the salary is paid by the National Institute for Social Security ( Istituto Nazionale Previdenza Sociale , INPS), and the applicable NCBA may require the employer to pay the remaining portion. In the case of executives, instead, sick leave payments are fully borne by the employer. In cases where no NNCBA applies to the employment relationship, Article 2110 of the Italian Civil Code states that the length of the protected sick leave period is determined by customary practice or according to equity. • Maternity leave: Mothers are entitled to a paid leave of five months (normally two months before and three months after the child’s birth), during which they have the right to an indemnity from the INPS equal to 80% of their salary; however, almost all NCBAs provide the obligation for the employer to pay the remaining 20%. • Paternity leave: Fathers are entitled to a paid leave of ten days, continuous or otherwise (20 days in case of a multiple birth). During this period, the father is entitled to a daily allowance equal to 100% of his salary. • “Alternative paternity leave”: The working father has the right to abstain from work for the entire duration of the maternity leave or for the residual part that would have been due to the mother in the following situations: (a) if she does not benefit from it; (b) if she dies or is affected by a serious illness; (c) if she abandons the newborn baby; or (d) if the father has exclusive custody of the new - born baby.
• During this period, which is called, the father receives an indemnity same as the mother would. • Parental leave: Each parent, during the child’s first twelve years of life, is entitled to parental leave. The total combined leave available to both parents is limited to ten months, except where the father takes at least three months of leave, whether con - tinuously or in segments. In such cases, the total leave available increases to eleven months. The right to parental leave applies to: (a) mothers, after maternity leave, for a maximum period of six months; (b) fathers, from the birth of their child, for a maxi - mum period of six months, extendable to seven months if at least three months of leave are taken, whether continuously or in segments; (c) single parents, for a maximum period of eleven months; and (d) adoptive parents, within twelve years from the date of adoption, provided it is before the child turns 18 • During the parental leave, until the child reaches the age of twelve, both parents are entitled to receive an indemnity equal to 30% of their salary for a total of three months each; additionally, until the child turns six, this indemnity may be increased to 80% for one month, to be taken by either parent, while a further three months, shared between the parents, may be taken with the 30% indemnity). • Marriage: Any employee, except during the trial period, is entitled to special 15-day paid leave upon marriage. NCBAs can provide for different rules. • Disability: Disabled employees or those assisting disabled relatives are entitled to three days of paid leave per month. • Other situations granting leaves: (medical leave, eg, for drug addiction treatment or blood donation; for political office; personal reasons; and study/ training leave). Under Article 2105 of the Italian Civil Code, “an employee cannot engage in business, either for his/ her account or for third parties in competition with his/her employer, or divulge information pertaining to the organisation and methods of production of the enterprise, or use it in such a manner as may be preju - dicial to the enterprise”. This provision establishes a
318 CHAMBERS.COM
Powered by FlippingBook