Italy introduced mandatory paternity leave in 2022, giving fathers 10 consecutive days of fully paid leave following the birth or adoption of a child. The leave is funded through INPS (Istituto Nazionale della Previdenza Sociale), paid at 100% of salary, and the employer cannot refuse it.

This guide covers Italian paternity leave in 2026: the 10-day entitlement, the pay calculation, employer obligations, the mandatory nature of the leave, and how it fits alongside maternity and parental leave.

Key takeaways

Fathers are entitled to 10 consecutive days of paid paternity leave at 100% of salary, under Legislative Decree 105/2022.
The leave is mandatory — it cannot be refused, postponed, or reduced by the employer.
INPS pays the employee directly at 100% of the contributory salary, subject to the social security ceiling.
The leave must be taken within 5 months of the child’s birth or placement.
For adoptions and foster care, the same 10-day entitlement applies.
The leave is independent of the mother’s maternity leave — both parents can take leave simultaneously.

The statutory entitlement

Legislative Decree 105/2022 introduced mandatory paternity leave in Italy, implementing the EU Work-Life Balance Directive (2019/1158). The entitlement is set out in the Testo Unico della Maternità e Paternità (Legislative Decree 151/2001), as amended.

Key rules:

The leave is 10 consecutive calendar days (not working days) from the date of birth.
The leave must be taken within 5 months of the birth or adoption.
The leave cannot be split — it must be taken as a single continuous block.
The employee must provide the employer with a birth certificate or equivalent documentation.
The leave is in addition to any other leave entitlements (annual leave, parental leave, etc.).
For multiple births, the leave is extended to 20 days (10 additional days).

How paternity leave pay works

Paternity leave pay is funded through the INPS social security system. The employee files a claim with INPS, which processes the payment directly.

Component	Detail
Duration	10 consecutive days (20 for multiples)
Pay rate	100% of the contributory salary
Payment source	INPS
Employer obligation	No direct payment — but administrative support required
Social security ceiling (2026)	Approx. EUR 120,607/year (confirm annually)
Multiple births	+10 days per additional child

The contributory salary is the employee’s contribution base as registered with INPS. In practice, this means the employee receives their full salary during paternity leave, up to the social security ceiling. Employers are not required to top up the payment, though many do through enhanced paternity policies.

Mandatory nature

Italian paternity leave is mandatory — a significant shift from the pre-2022 system where paternity leave was voluntary and poorly utilised. The mandatory nature has several implications:

The employee must take the leave — they cannot decline it or ask the employer to skip it.
The employer cannot refuse the leave request.
The employer cannot impose conditions on when the leave is taken (beyond the statutory 5-month window).
The employee cannot be penalised for taking the leave.
The employer must inform employees of their paternity leave rights — failure to do so can result in sanctions.

The mandatory requirement reflects Italy’s policy objective of encouraging fathers to take leave. Before 2022, only about 30% of eligible fathers used the voluntary paternity leave. The mandate was introduced to increase uptake.

Employer obligations

Italian employers have six core duties around paternity leave:

Grant the leave — there is no discretion to refuse or defer.
Process the INPS claim — the employer coordinates with INPS and provides the necessary documentation.
Maintain employment terms — position, salary, and seniority are protected during the leave.
Inform employees of their paternity leave rights — this is a legal obligation, not optional.
Register the leave in the company’s official records and notify INPS.
Do not penalise the employee for taking paternity leave — this includes in any redundancy, promotion, or contract renewal decision.

Worked example

Luca works for a consulting firm in Milan. His wife gives birth on 20 September 2026. Luca is entitled to 10 consecutive days of paternity leave.

Luca takes his 10 days starting on 21 September 2026, returning to work on 1 October 2026.

Luca’s contributory salary is EUR 3,500/month. INPS pays Luca EUR 3,500 / 30 * 10 = EUR 1,166.67 for the 10-day period. His employer does not pay his salary during this period but ensures his position is protected.

Luca’s wife takes her mandatory maternity leave (5 months before and 5 months after birth) concurrently — both parents can be on leave at the same time. Luca can also take parental leave (congedo parentale) of up to 10 months before the child turns 12.

Common pitfalls

1. Confusing paternity leave with parental leave

Paternity leave (10 days) is separate from parental leave (congedo parentale, up to 10 months). They are different entitlements with different rules and pay rates.

2. Not informing employees of their rights

The employer has a legal obligation to inform employees about paternity leave. Failure to do so can result in administrative sanctions.

3. Treating paternity leave as voluntary

Since 2022, paternity leave is mandatory. The employee must take it, and the employer cannot offer alternatives or encourage the employee not to take it.

4. Not tracking the 5-month window

If the employee does not take the leave within 5 months of birth, the entitlement is lost. Track this window actively.

For more Italian context, see our guide to maternity leave in Italy, the overview of types of leave, and our guide to absence management.

Frequently asked questions

How many days of paternity leave does Italy provide?

Italy provides 10 consecutive calendar days of paid paternity leave at 100% of salary. For multiple births, this is extended to 20 days.

Can the employer refuse paternity leave?

No. Paternity leave in Italy is mandatory — the employer cannot refuse it, delay it, or impose conditions on when it is taken.

When must paternity leave be taken?

The leave must be taken within 5 months of the child’s birth or adoption. It is taken as a single continuous block of 10 consecutive days.

Who pays for paternity leave?

INPS pays the employee directly at 100% of the contributory salary. The employer does not pay the salary during paternity leave, though they provide administrative support.

Is paternity leave the same as parental leave?

No. Paternity leave is 10 days at 100% pay. Parental leave (congedo parentale) is up to 10 months shared between parents, with reduced pay. They are separate entitlements.

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

Managing 10-day paternity leave blocks alongside maternity leave, parental leave, and other statutory absences across an Italian workforce requires precise tracking and coordination with INPS. A leave management system that handles the mandatory leave rules, the 5-month window, and the INPS claim process automatically keeps you compliant.

Sources

Last updated: 26 July 2026. This article is general guidance, not legal advice. Social security ceilings and contribution rates change annually — confirm current figures with INPS and check the applicable collective bargaining agreement (CCNL).

Paternity Leave in Italy: 10 Days of Paid Leave