Parental Leave in Italy 2026: Rights for Mothers and Fathers
Maternity leave, mandatory paternity leave, and optional parental leave: durations, benefit rates, and how to apply. Foreign workers with a valid residence permit are fully covered.
In a nutshell
When a child is born, both working parents have the right to take time off while continuing to receive a benefit from INPS (Italy's social-security agency — pensions, unemployment, family benefits). There are three types of leave: mandatory maternity leave for mothers (5 months at 80%), mandatory paternity leave for fathers (10 days at 100%), and optional shared parental leave (11 months total, usable until the child turns 12). Foreign workers with a valid permesso di soggiorno (residence permit for non-EU citizens) are fully entitled to all these rights.
At a glance
| Cost | Free (application, benefit, assistance office support) |
| Timeline | Online application: 5–10 minutes. First payment: 30–60 days. Monthly payments for the full duration. |
| Where in Rome | Apply online at inps.it, or visit a Patronato (free union-run office helping with social-security and immigration paperwork): INCA-CGIL (Via Buonarroti 12, 06 4870125), ITAL-UIL (Via Cavour 108, 06 5042426), INAS-CISL (Via Po 22, 06 8473430), ACLI (Via Marcora 18-20, 06 5840650). For disputes with an employer: Ispettorato del Lavoro Roma, Via Cesare De Lollis 12, tel. 06 4434611. |
| Documents | Photo ID, Codice Fiscale (Italian tax ID — your personal 16-character code), IBAN, child's birth details, pregnancy certificate (for maternity), permesso di soggiorno (non-EU nationals) |
Mandatory maternity leave: 5 months at 80%
Maternity leave lasts 5 months in total. The default split is 2 months before the birth and 3 months after. If your doctor certifies that your job poses no risk, you can opt to work until one month before the due date and take all 4 remaining months after the birth.
The benefit is 80% of your average daily pay. Check your collective labour agreement (CCNL): many employers top this up to 100%.
Who qualifies: employed workers in both public and private sectors, workers registered with the INPS gestione separata (the social-security fund for co.co.co. quasi-employees and freelancers with a Partita IVA), self-employed workers, and apprentices. Women receiving NASPI (Italy's unemployment benefit) at the time of birth are also entitled to maternity benefit.
For jobs classified as hazardous, maternity leave can start up to 3 months before the due date on application to the Ispettorato del Lavoro (Labour Inspectorate). If the newborn is hospitalised, you can pause your leave, return to work, and take the remaining days once the baby comes home.
For adoptions: 5 months from the day the child enters the family. For foster placements: 3 months within 5 months of the placement start date.
Mandatory paternity leave: 10 days at 100%
An employed father is entitled to 10 working days (weekends and public holidays don't count), taken consecutively or in instalments within the 5 months before or after the birth. Twin births double this to 20 days.
The benefit is 100% of pay. The employer pays upfront and is reimbursed by INPS. This is an individual right — it cannot be refused by the employer and is completely independent of the mother's choices.
How to claim: notify your employer at least 5 days in advance and submit the application on inps.it using SPID or CIE (section "Congedo di paternità obbligatorio"). Adoption and foster-placement situations follow the same rules.
In serious circumstances — the mother's death or severe illness, abandonment of the child, or sole custody granted to the father — the father can also use the mother's remaining maternity leave entitlement.
Optional parental leave: 11 months until the child turns 12
This leave is voluntary and shared between the two parents. The family's combined allowance is 11 months, subject to these individual caps:
| Parent | Maximum entitlement |
|---|---|
| Mother | 6 months |
| Father | 6 months (extended to 7 if he takes at least 3 months) |
| Single parent (widowed, or child not recognised by the other parent) | 11 months |
Leave can be used until the child's 12th birthday, and you can split it up freely — individual days or even hours, not just full months at a time. You must give your employer at least 5 days' notice (15 days if you want hourly leave). Both parents can take it at the same time.
Benefit rates in 2026:
| Period | Benefit |
|---|---|
| First and second month (updated by Budget Laws 2024–2025) | 80% of pay |
| Third through ninth month (usable until child turns 6) | 30% of pay |
| Subsequent months | No benefit (unless income falls below 2.5 times the INPS minimum pension) |
Workers registered with the INPS gestione separata (freelancers and quasi-employees) and the self-employed: 3 months of parental leave within the child's first year, paid at 30%.
Other related entitlements
Breastfeeding breaks: Until the child turns one, you're entitled to 2 hours off per day if you work at least 6 hours a day, or 1 hour if you work fewer. The benefit is 100%, paid by INPS. Fathers can also use this if the mother does not work or waives her entitlement.
Leave for a sick child: Unpaid (no INPS benefit) but your job is protected. Under age 3: no cap on days. Ages 3–8: 5 days per year per parent. Over 8: only for serious illness.
Part-time and flexible working: You're entitled to request part-time at least once during your child's early years. Parents of children under 12 can also request flexible arrangements (remote working, flexible hours): the employer must respond within 30 days with written reasons if they refuse.
Protection against dismissal
The law gives parents strong job security. During maternity leave, there is an absolute ban on dismissal from the start of pregnancy until the child's first birthday. Fathers have the same protection for the duration of mandatory paternity leave plus 1 year. Any dismissal during parental leave or within 90 days after it ends is null and void.
During the first 3 years of the child's life, a resignation must be validated by the Ispettorato del Lavoro to prevent coercion. If your employer violates these rules, the dismissal is null — you are entitled to reinstatement and compensation.
How to apply
Step 1 — Tell your employer: As soon as you know you're pregnant (for maternity); at least 5 days before the start (for paternity and parental leave).
Step 2 — Apply to INPS:
- Online at inps.it with SPID, CIE, or CNS — section "Maternità/Paternità" or "Congedo Parentale"
- Phone: 803.164 from a landline, 06 164.164 from a mobile
- Free patronato office: ACLI, INCA, ITAL, INAS
For maternity and paternity in private-sector employment, your employer advances the payment; INPS reimburses the employer. Parental leave benefit is paid directly by INPS. At year-end you receive the Certificazione Unica (annual income certificate) to use in your tax return.
Mistakes to avoid
- Never sign a blank resignation form. During the first 3 years of your child's life, any resignation must be validated by the Ispettorato del Lavoro. A resignation signed without that validation is legally void.
- Don't neglect your permesso di soggiorno renewal. If it expires during maternity leave, go to the Questura (police headquarters — also issues residence permits) as soon as possible: renewals take priority in these circumstances.
- Don't delay telling your employer about the pregnancy. Dismissal protection starts the moment your employer is informed — even if you're already well into the pregnancy.
Special cases
You're a foreign worker: All rights apply with a valid permesso di soggiorno. Maternity benefit is guaranteed even if the permit expires during the leave period, provided it was valid when the leave started.
You're a single parent: You can use all 11 months of parental leave without sharing them.
You have two jobs: Submit an application to each employer. INPS calculates the benefit proportionally.
You're on NASPI when you give birth: Maternity benefit replaces NASPI for the duration of maternity leave; then the unemployment benefit resumes. If you're on Cassa Integrazione (CIG) (state-funded temporary wage support when a company suspends or reduces work), maternity benefit is paid directly by INPS.
You're in a civil partnership: All rights apply to civil unions (L. 76/2016) and to adoptions from countries where they are legally recognised.
Official sources
- INPS — Parental leave (overview)
- INPS — Parental leave for employed parents
- INPS — Mandatory and alternative paternity leave
- INPS — Maternity and paternity
- Ministry of Labour — Family
- Normattiva — DLgs 151/2001
- EUR-Lex — Directive 2019/1158 work-life balance
Legal references: DLgs 151/2001 (Consolidated Maternity and Paternity Act), DLgs 105/2022 (transposing EU Dir. 2019/1158), L. 213/2023 art. 1 c. 179 (first month parental leave at 80%), L. 207/2024 (second month at 80%), L. 29/12/2025 (Budget Law 2026), Dir. EU 2019/1158, Reg. EU 883/2004.