The idea that mothers have more rights to communicate with children (and therefore more responsibilities) than fathers now seems outdated, however, in Italy there is still a clear difference in treatment in practice and at the legal level. For example, mothers are entitled to 5 months of vacation at 80% of wages, fathers only for 10 days (at 100% of wages). However, small steps are being taken towards greater equality in families. In recent days, a new Inps circular explains that thanks to Legislative Decree 105/2022, approved last August by the Draghi government, Withthe one who becomes a father can no longer be dismissed, at least until the first year of the child’s life, as is already provided for mothers.
The Draghi Government Decree transferred to Italy EU Directive 2019/1158 on work-family balance for parents and guardians. Article 27 bis establishes mandatory parental leave: a working father – even if he is an adoptive parent or guardian – has the right to be absent from work for ten working days between the two months preceding the expected date of birth and the fifth month following it. To exercise this right, the father must notify the employer in writing at least five working days in advance. To this is added prohibiting employers from firing new fathers within 12 months of the birth of a child.
A dismissal under these circumstances is void and therefore does not generate any attachment. However, as in the case of female workers, some cases when dismissal is allowed: gross negligence of the employee, termination of the activity of the enterprise, completion of the work for which the employee was hired, termination of the employment relationship due to the expiration of the period specified in the individual employment contract, negative test result. In all other cases, the father is protected, as it should be. During the non-dismissal period, just like mothers, fathers will also be able to resign of their own free will without notice. In this case, male and female employees will be entitled to severance pay. It also reaffirms the right of parents to refrain from working without pay if their child is ill. Children under the age of three are entitled to the entire duration of the illness, from three to eight years of age for a maximum of five days a year. Now we are waiting for only mandatory equal leave.
Source: Elle