Mandatory Maternity Leave in Italy: 5 Months Guaranteed by Law for Employed Workers
Employed in Italy? You are entitled to 5 months of maternity leave at 80% of your salary. How to apply, the three ways to split the leave, and the rights you cannot lose.
In a Nutshell
Mandatory maternity leave (congedo di maternità obbligatorio) gives every employed worker 5 months of paid leave during pregnancy and after the birth. For those months, INPS (Italy's social-security agency — pensions, unemployment, family benefits) pays 80% of your average daily wage; in many cases your collective employment agreement tops this up to 100%. This is a right, not a favour: no employer can ask you to waive it.
At a Glance
| Cost | Application is free |
| Leave duration | 5 months (150 days), in three possible configurations |
| Benefit | 80% of average daily wage (often 100% with collective-agreement top-up) |
| How to apply | Online at inps.it with SPID/CIE, or through a Patronato (free union-run office helping with social-security and immigration paperwork) |
| Documents | Medical certificate with expected due date, Codice Fiscale, IBAN |
| Application deadline | Before the leave starts (1–2 months in advance recommended) |
How to Split Your 5 Months
The law gives you three options for arranging your mandatory leave:
Standard split: 2 months before + 3 months after birth. The classic arrangement. You stop work two months before your expected due date (DPP — data presunta del parto) and return three months after the actual birth.
Flexible 1+4 split: 1 month before + 4 months after. You can shift one pre-birth month to the post-birth period. You will need a certificate from your gynaecologist — and, if your company requires it, from the company occupational-health doctor — confirming there are no health risks. You must apply for this option by the end of the 7th month of pregnancy.
Full post-birth option: 0 months before + 5 months after (available since 2019). You can work right up to the day of birth and take all 5 months afterwards. The same medical conditions apply as for the 1+4 option.
If the birth happens before the expected due date, any unused pre-birth days are added to the post-birth period, up to the 5-month total. If the birth is late, the leave is extended and the extra days are still compensated.
How Much You Receive and Who Pays
For private-sector employees, the benefit is 80% of your average daily wage over recent pay periods. Your employer advances the payment in your payslip, then recovers it from INPS. Many collective bargaining agreements (CCNL — contratto collettivo nazionale di lavoro) — including those for commerce, metalworkers, banking, and public-sector workers — top up the employer's contribution to 100%; check your own CCNL.
Domestic workers (housekeepers, carers) receive payment directly from INPS into their bank account, calculated at 80% of contributions paid over the last 12 months. Requirement: at least 6 months of contributions paid in the previous 24 months.
Workers receiving NASPi (Italy's unemployment benefit) or Cassa Integrazione (CIG / CIGO / CIGS) (state-funded temporary wage support when a company suspends or reduces work) are still entitled to maternity benefit if the leave starts within 60 days of leaving employment. Maternity leave suspends the social-safety-net payment and restarts it with a recalculated calendar once leave ends.
How to Apply to INPS
Step 1 — Notify your employer. As soon as you have the medical certificate with your due date, notify your employer in writing (registered letter with acknowledgement of receipt, or PEC — certified email, legally valid in Italy). From that moment all anti-dismissal protections kick in.
Step 2 — INPS application. Submit the application before the first day of leave, ideally 1–2 months in advance. You can do this:
- Online at inps.it → MyINPS → "Maternità: indennità per congedo di maternità" (log in with SPID/CIE/CNS)
- Through a Patronato (free of charge)
- By calling the INPS Contact Centre: 803 164 from a landline (free) or 06 164 164 from a mobile
In the application, state your due date, the leave arrangement you have chosen (2+3, 1+4, or 0+5), your employer's details, and your IBAN if INPS will pay you directly.
Step 3 — Notify the birth. Within 30 days of the birth, tell INPS the actual birth date and your child's personal details. You can do this from the MyINPS area or through a Patronato.
Rights That Accumulate During Leave
During the 5 months, your TFR (severance pay accrued during employment in Italy), holiday entitlement, thirteenth-month pay, and seniority increments continue to accrue. Notional pension contributions are also credited. You lose nothing.
When you return, you are entitled to the same role or equivalent, the same workplace, and the same salary, including any increments that accrued while you were away. You may also request part-time hours or use nursing breaks: 2 paid hours per day for the first 12 months after birth, which you can take as an early finish or a late start.
The father, if employed, is entitled to 10 mandatory working days at 100% pay, to be taken within 5 months of birth. He cannot waive them or transfer them to the mother.
Mistakes to Avoid
- Not notifying your employer in writing. Without formal written notice, the dismissal ban does not automatically apply. Use a registered letter or PEC and keep the receipt.
- Signing a resignation during the protected period without ITL validation. From the moment you are pregnant until your child's third birthday, any resignation requires mandatory validation by the Ispettorato Territoriale del Lavoro (ITL — the local Labour Inspectorate). Without validation, the resignation is void and you lose all protections.
- Submitting the INPS application after the leave has already started. The application must be filed in advance. If you miss the deadline, payments are blocked until the situation is regularised. A Patronato can help you track deadlines, free of charge.
Special Cases
Non-EU foreign worker. You have full entitlement to mandatory maternity leave and all associated protections, exactly the same as an Italian citizen. Your Permesso di soggiorno (residence permit for non-EU citizens) renewal cannot be refused during maternity leave, and the benefit counts as income for the renewal application.
Baby admitted to neonatal intensive care (NICU). You can suspend post-birth leave, return to work temporarily, and resume the remaining leave when your baby is discharged from hospital.
Multiple birth (twins or more). Mandatory leave remains 5 months, but the subsequent parental leave increases proportionally and daily nursing breaks double.
Adoption or pre-adoptive foster care. The same protections as biological maternity apply: 5 months of mandatory leave from the date the child enters the family.
High-risk pregnancy. Contact your SSN (Servizio Sanitario Nazionale — Italy's national health service) doctor or gynaecologist, then the Ispettorato Territoriale del Lavoro di Roma (Via Cesare De Lollis 6, tel. 06 4416 1) to request early mandatory leave from work. In that case the 80% INPS benefit starts immediately, even before the standard 2-month pre-birth window.
Official Sources
- INPS — Maternity for Employed Workers
- INPS — Maternity Service Page
- INPS — Parental Leave for Employees
- Ministry of Labour — Maternity and Paternity
- Normattiva — D.Lgs. 151/2001 (Consolidated Maternity Act)
- Labour Inspectorate Rome (ITL) — Via Cesare De Lollis 6, 00185 Roma
Legal references: D.Lgs. 26/3/2001 n. 151 (Consolidated Maternity/Paternity Act), D.Lgs. 80/2015, D.Lgs. 105/2022 (EU Work-Life Balance Directive), Legge 234/2021, Legge 53/2000, Costituzione artt. 31 e 37.