Italian maternity leave is non-negotiable. The system is built around congedo di maternità — a mandatory five-month leave period during which the employee must stop working and INPS (Istituto Nazionale della Previdenza Sociale) pays 80% of salary. Employers cannot offer alternatives, ask the employee to work through it, or reduce the entitlement. The law is absolute.

This guide covers Italian maternity leave in 2026: the five-month entitlement, the INPS payment structure, the employment ban that applies before and after birth, employer obligations, and the rules for early or deferred leave.

Key takeaways

The employee is entitled to 5 months of mandatory maternity leave, which can begin up to 2 months before the expected due date and extends 3 months after birth.
INPS pays 80% of the employee’s salary for the full duration, subject to a monthly ceiling updated each year.
An employment ban (divieto di lavoro) applies from 2 months before the expected due date until the child is 1 year old — the employee cannot work during this period even if they want to.
Employers must notify INPS of the pregnancy, preserve the employee’s position, and cannot dismiss the employee during the protected period.
Early leave (parto prematuro) and deferred leave options exist, but the total entitlement remains 5 months.

How congedo di maternità works

Congedo di maternità is governed by Legislative Decree 151/2001, which consolidated Italy’s maternity and paternity protections. The leave is structured as follows:

2 months before the expected due date — the employee must stop working no later than this point, though they can choose to start earlier.
3 months after birth — the leave continues after the child is born, regardless of the actual birth date relative to the due date.
The 5-month total is fixed. If the employee starts the pre-birth portion later, the post-birth portion extends to preserve the full 5 months.

The leave cannot be split into shorter periods or taken on a part-time basis. It is a continuous block.

Timing example

Scenario	Start	End	Total
Standard	2 months before due date	3 months after birth	5 months
Late start (1 month before due date)	1 month before due date	4 months after birth	5 months
Early birth (6 weeks before due date)	Date of birth	5 months from expected due date	5 months

If the child is born before the leave starts, the leave begins on the date of birth and the total is extended to preserve the full 5-month entitlement, counting back from the expected due date.

INPS payment: 80% of salary

INPS funds maternity leave directly. Under article 66 of Legislative Decree 151/2001, the allowance is 80% of the employee’s salary for the entire leave period.

The payment is subject to an annual ceiling set by INPS. For 2026, the monthly ceiling is approximately €1,130.43 (confirmed annually by INPS circular). Employees earning above the threshold receive 80% up to the ceiling, not 80% of their actual salary.

Worked example: standard salary

An employee earning €30,000 gross per year (€2,500/month):

80% of €2,500 = €2,000 per month
Over 5 months: €10,000 total INPS allowance

An employee earning €50,000 gross per year (€4,166/month):

80% of €4,166 = €3,333 — but capped at the INPS ceiling
They receive €1,130.43 per month (the ceiling), not €3,333
Over 5 months: €5,652 total

Who pays: INPS or employer?

The process depends on the employer’s size:

Employers with fewer than 50 employees: The employee applies to INPS and receives the allowance directly from INPS.
Employers with 50 or more employees: The employer advances the full salary during the leave and then recovers the amount from INPS. The employee still receives their salary, but the employer is the funding intermediary.

In both cases, the employee’s net take-home changes because the 80% is calculated on gross salary and is subject to standard tax and social security contributions.

The employment ban (divieto di lavoro)

Italy’s maternity leave includes an absolute employment ban — not just a leave entitlement, but a prohibition on working. Under article 54 of Legislative Decree 151/2001:

The ban applies from 2 months before the expected due date until the child reaches 1 year of age.
During this period, the employee cannot work — even voluntarily. There is no mechanism to waive the ban.
If the employee continues working during the ban, the employer is subject to sanctions and the employee’s INPS allowance may be suspended.

The employment ban extends beyond the 5-month leave. After the leave ends, the employee has the right to return to work, but the ban on working (which applies in a broader sense) continues until the child is 1 year old. In practice, this means that if the employee does not return to work immediately after the 5-month leave, they remain in a protected state until the child turns 1.

The 1-year protection window

From the end of the 5-month leave until the child is 1 year old, the employee can choose to:

Return to work — the employment ban is lifted for that employee.
Take parental leave (congedo parentale) — up to 6 months of additional leave, paid at 30% by INPS (or 80% for the first month if both parents take it simultaneously).
Not return and not take parental leave — the employee remains protected from dismissal but does not receive parental leave pay.

The employment ban is there to protect the employee’s health and the child’s welfare. It is one of the strictest in the EU.

Employer obligations

Italian employers have specific duties during and around maternity leave:

1. Notify INPS of the pregnancy

The employer must notify INPS when informed of the employee’s pregnancy. This is typically done through the employee’s certificato di gravidanza (pregnancy certificate), which the employee provides to both the employer and their doctor.

2. Preserve the position

The employee’s position must be held open for the duration of the leave. The employee returns to the same role, or an equivalent position if the original role no longer exists, with no loss of seniority or benefits.

3. No dismissal during the protected period

Under article 54 of Legislative Decree 151/2001, the employee cannot be dismissed from the start of the pregnancy until the child reaches 1 year of age. Dismissal during this period is automatically null, with narrow exceptions for just cause related to serious misconduct unrelated to the pregnancy.

4. Workplace risk assessment

Under Legislative Decree 81/2008, the employer must assess risks to the pregnant employee and adjust working conditions if necessary — including transferring the employee to a different role if the current one poses risks to pregnancy or breastfeeding. This assessment must happen as soon as the employer is notified of the pregnancy.

5. Advance salary (large employers)

Employers with 50 or more employees must advance the full salary to the employee during the leave period and recover the equivalent from INPS. This is not optional.

Early and deferred leave options

The employee can request to defer the start of the pre-birth portion of the leave, provided that:

A medical certificate confirms it is safe for the employee to continue working.
The deferred period is added to the post-birth leave — the total remains 5 months.

The employee can also request early leave if a medical certificate indicates that continuing work poses a risk to the pregnancy. In that case, the leave starts immediately and the 5-month clock begins from that point.

If the child is hospitalized after birth, the employee may request to suspend the leave during the hospitalization period and resume it upon the child’s discharge. The total leave entitlement is preserved.

Common pitfalls

1. Forgetting the employment ban applies after the leave

The 5-month leave ends, but the employment ban continues until the child is 1. Employers who assume the employee can return to work at any time — or who schedule the employee for shifts during the ban — are non-compliant.

2. Not adjusting working conditions

The risk assessment under Legislative Decree 81/2008 is not optional. Failing to adjust working conditions for a pregnant employee — even if the employee does not request it — exposes the employer to liability.

3. Dismissing during the protected period

Automatic nullity means the dismissal is void from the start. The employee’s position is restored with back pay, and the employer faces sanctions. There is no “we didn’t know” defense.

4. Calculating pay at the wrong rate

The 80% is calculated on gross salary, not net. The INPS ceiling applies. Employers who advance salary must account for the gap between 80% of gross (capped) and the employee’s full net salary during the leave period.

For more context, see our guides to annual leave entitlements in Europe and types of leave.

Frequently asked questions

How long is maternity leave in Italy?

Maternity leave in Italy is 5 months — up to 2 months before the expected due date and at least 3 months after birth. The total cannot be reduced, though the split between pre-birth and post-birth can be adjusted.

What percentage of salary does INPS pay during maternity leave?

INPS pays 80% of the employee’s gross salary, subject to an annual ceiling. For 2026, the monthly ceiling is approximately €1,130.43.

Can an employee work during the employment ban?

No. The employment ban (divieto di lavoro) is absolute from 2 months before the expected due date until the child is 1 year old. The employee cannot work, even voluntarily, during this period.

Can an employer dismiss a pregnant employee?

No. Dismissal is automatically null from the start of the pregnancy until the child reaches 1 year of age, with narrow exceptions for serious misconduct unrelated to the pregnancy.

What happens if the baby is born early?

If the child is born before the leave starts, the leave begins on the date of birth and the total entitlement is extended to preserve the full 5 months, counting back from the expected due date.

Putting it into practice

Five steps cover most Italian maternity leave compliance:

Record the expected due date as soon as the employee provides the certificato di gravidanza and trigger the INPS notification.
Calculate the leave window — 2 months before to 3 months after — and confirm the employee’s chosen start date.
Assess workplace risks under Legislative Decree 81/2008 before the leave starts and adjust conditions if needed.
Set a payroll reminder for salary advancement if you have 50 or more employees, and recover from INPS.
Track the 1-year protection window — the employment ban continues after the leave, and the employee’s return date must respect it.

You can take advantage of the free 14 days trial and explore Leave Balance.

A leave management system that tracks the full congedo di maternità window — including the employment ban that extends to the child’s first birthday — keeps employers compliant without manual calendar juggling.

Sources

Last updated: 26 July 2026. This article is general information, not legal advice. INPS ceilings and contribution rules change annually — confirm current figures with INPS and a qualified Italian employment adviser.

Maternity Leave in Italy: Congedo di Maternità and INPS Pay