Mandatory Paternity Leave in Italy: 10 Paid Days at Full Salary

In a nutshell

Since 2022, every employed father in Italy is entitled to 10 paid working days off around the birth of a child, at 100% of salary. The benefit is funded by INPS (Italy's social-security agency — pensions, unemployment, family benefits), it is on top of whatever leave the mother takes, and it cannot be refused: your employer cannot deny it, cut it short, or pressure you into skipping it. Foreign fathers with a regular employment contract in Italy have exactly the same rights.

At a glance

Cost to you	Nothing. The benefit is paid at 100% of your normal daily wage, funded by INPS.
Duration	10 working days (equivalent to 2 calendar weeks for a standard Mon–Fri schedule). Days can be split up and taken separately.
When to use them	From the 2nd month before the due date to the 5th month after birth.
How to claim	Written notice to your employer at least 5 days in advance. A formal INPS application is only required in specific sectors.

Who qualifies

Mandatory paternity leave applies to all employed fathers — both in the private and public sectors. The category includes biological fathers, adoptive fathers, foster fathers, worker-members of cooperatives, and workers on temporary layoff (Cassa Integrazione). Foreign fathers with an employment contract in Italy have the same entitlement as Italian fathers: what counts is the contract, not your nationality.

Self-employed workers (Partita IVA — Italy's VAT number / self-employment registration — holders, freelancers), workers on co.co.co. collaboration contracts, the unemployed, and — unless the law changes — domestic workers (housekeepers, carers) are not covered.

Marital status is irrelevant. Whether you are married, in a civil partnership, or separated, the right exists from the moment you legally acknowledge the child.

Duration and timing

The 10 days are working days, not calendar days. On a standard Monday-to-Friday schedule that works out to two full weeks. You can take them consecutively or spread them out however suits you — even one day at a time.

The window runs from the second month before the expected due date to the fifth month after birth. For adoption or foster placement, the five months count from the day the child enters your household. For premature births, the clock starts from the actual date of birth.

A concrete example: if your child is born on 1 June 2026, you can use the leave on any day between 1 April and 1 November 2026.

For twins or multiple births, the entitlement doubles to 20 days.

The 10 days are also available if the baby is stillborn or dies in the first days of life, and if the baby is born abroad, provided the child is legally recognised in Italy.

How to apply

Step 1: notify your employer

You must notify your employer in writing of the days you intend to take, with at least 5 days' notice. State the specific dates. Use email, PEC (certified email — legally valid in Italy), or registered mail — the written record matters as proof in case of any dispute. If the baby has already been born, give as much notice as practically possible, but still put it in writing.

Step 2: apply to INPS (only in some cases)

For most private-sector employees, the written notice to the employer is all you need to do. The employer pays you the full amount in your next payslip and then recovers it from INPS through a contribution offset. Nothing more is required of you.

A direct INPS application is only necessary in specific sectors: agriculture, seasonal workers, fixed-term contracts in certain circumstances, or if your employer is in financial distress and cannot advance the payment.

If you do need to apply directly to INPS, you can do it in three ways:

• Online at the INPS paternity leave portal, using SPID (Italy's digital identity for accessing online public services), CIE (Italian electronic ID card), or CNS.
• Phone: INPS Contact Centre at 803 164 (free from a landline) or 06 164 164 (from a mobile, normal call charges apply).
• Patronato (free union-run offices helping with social-security and immigration paperwork): ACLI, INCA-CGIL, ITAL-UIL, INAS-CISL all assist foreign fathers at no charge.

For the application you will need: your Codice Fiscale (Italian tax ID — your personal 16-character code, used for almost everything) and SPID/CIE credentials, the child's details (date of birth and Codice Fiscale if already issued), a valid residence permit if you are a non-EU citizen. For adoption, bring the court order from the Tribunale.

What you receive

You receive 100% of your average daily wage for each day of leave. The days count toward your pension contributions and are treated as regular working days.

If your employer advances the payment, you will see it in your next available payslip. If INPS pays you directly, expect around 60–90 days from the date of application.

Your rights during and after the leave

From conception until the child's first birthday, you are protected against dismissal (art. 54 D.Lgs. 151/2001). When you return to work, you are entitled to the same role, the same grade, and the same salary. Paternity leave days do not reduce your holiday entitlement or your 13th-month bonus.

Mandatory paternity leave can be combined with other benefits: optional parental leave (up to 11 months total split between both parents, paid at 30%), disability-care leave under Legge 104, and — where applicable — breastfeeding breaks.

If your employer discourages you from taking the leave or flat-out refuses, they face a fine of €516 to €2,582 (art. 54 D.Lgs. 151/2001). This right is mandatory and non-waivable.

Mistakes to avoid

1. Do not give up the leave. Some employers — especially smaller ones — make new fathers feel they cannot take it. Since 2022 these 10 days are a permanent, non-waivable right. Nobody can take them from you.
2. Do not wait too long. The 10 days must be used within 5 months of birth. They do not roll over and cannot be moved: once the window closes, they are gone.
3. Do not confuse mandatory paternity leave with optional parental leave. They are different instruments. Optional parental leave is voluntary, lasts up to 11 months in total shared between both parents, and is paid at 30% — not 100%.

Special cases

Foreign father. If you have an employment contract in Italy, your rights are identical to those of an Italian father. This applies even if the child is born abroad, provided the child is legally recognised in Italy. Patronato offices (ACLI, INCA, ITAL, INAS) help foreigners with the paperwork at no cost.

Fixed-term contract. You are still entitled to the leave. If the contract ends before you have used all 10 days, you lose the remaining days — but you keep those already taken.

Part-time. You still get 10 working days, calculated according to your actual working pattern.

Father on sick leave or injured. Paternity leave takes priority over other absences. You can request it even while on sick leave, temporarily suspending the sickness period.

Alternative paternity leave. In specific circumstances — death or serious illness of the mother, child abandonment, or sole custody of the father — an employed father can step in and take the leave in place of the mother. The duration matches the unused days of the mother's maternity leave (up to 5 months), paid at 80%.

Official sources

• INPS — Mandatory and alternative paternity leave
• INPS — 2022 operational guidance
• INPS — Paternity leave application portal
• INPS — Alternative paternity leave
• Normattiva — D.Lgs. 151/2001

Legal references: D.Lgs. 151/2001 arts. 27-bis, 28, 29, 54; D.Lgs. 105/2022 (implementing EU Directive 2019/1158); Legge 234/2021 art. 1 c. 134; INPS Circular no. 122/2022; INPS Message no. 4654/2022.