In Italy, pregnant employees are entitled to 5 months of compulsory maternity leave (congedo di maternità) — typically 2 months before the expected due date and 3 months after. The leave is paid at 80% of the employee's average daily salary by INPS (National Social Security Institute). Under the Testo Unico (D.Lgs. 151/2001), the 5-month period can be adjusted based on medical circumstances. Employers must top up the remaining 20% to reach full salary under the national collective agreements (CCNL).

Statutory entitlement

5 months of compulsory maternity leave (2 months prenatal + 3 months postnatal, adjustable by 1 month in either direction with medical certificate). Pay: 80% of average daily salary from INPS. Under CCNL, employers typically top up to 100% of salary. Public sector employees receive 100% from INPS.

Eligibility

All female employees in the private and public sectors are entitled to compulsory maternity leave. No minimum contribution period is required. The leave is compulsory — the employee cannot work during the mandatory period, even if they wish to.

Employer obligations

  • Ensure the pregnant employee stops working during the compulsory leave period (cannot allow work during mandatory leave).
  • Pay the employer top-up to reach 100% of salary as required by the applicable CCNL.
  • Notify INPS of the pregnancy and the expected due date via the mandatory communications (comunicazione obbligatoria).
  • Not assign night work, overtime, or dangerous tasks during pregnancy (from the date of medical certification).
  • Protect the employee from dismissal from the start of pregnancy until the child is 1 year old.
  • Allow paid time off for antenatal medical examinations without loss of pay.

Employee rights

  • Right to 5 months of compulsory maternity leave paid at 80% (topped up to 100% under most CCNLs).
  • Right to adjust the prenatal/postnatal split by 1 month with a medical certificate.
  • Right to protection from dismissal from the beginning of pregnancy until the child turns 1 year old.
  • Right to paid antenatal medical appointments.
  • Right to return to the same position after maternity leave.
  • Right to not be required to work during the compulsory period.

Common pitfalls

  • Allowing the employee to work during the compulsory leave period — this is illegal and both employer and employee may face sanctions.
  • Not paying the 20% employer top-up — most national collective agreements require the employer to make up the difference to reach 100% of salary.
  • Dismissing an employee during pregnancy — dismissal is null and void from the start of pregnancy until the child is 1 year old, except in cases of justified objective reasons requiring Labour Office approval.
  • Not notifying INPS of the pregnancy — the employer must submit the mandatory communication as soon as the pregnancy is declared.

How maternity leave is structured

The standard maternity leave is 5 months: 2 months before the expected due date and 3 months after. With a medical certificate, the employee can shift 1 month between the prenatal and postnatal periods (e.g., 1 month before and 4 months after, or 3 months before and 2 months after). If the birth occurs before the expected date, the unused prenatal days are added to the postnatal period.

Payment from INPS and employer top-up

INPS pays 80% of the employee's average daily salary for the full 5-month period. Under the national collective agreements (CCNL), employers are required to top up the remaining 20% to reach 100% of salary. Public sector employees receive 100% directly from INPS. The daily salary cap for INPS calculations is adjusted annually.

Optional maternity leave (congedo facoltativo)

After the compulsory 5 months, the mother can take up to 6 additional months of optional maternity leave (congedo di maternità facoltativo) at 30% of salary, until the child is 6 years old. This is separate from the compulsory period and is covered under the parental leave framework.

Frequently asked questions

Can I work during maternity leave?

No. The 5-month maternity leave is compulsory — working during this period is illegal. Both the employer and the employee may face penalties. If you wish to work during pregnancy, the only option is to adjust the prenatal/postnatal split with a medical certificate.

What if I want to take 3 months before birth and 2 months after?

With a medical certificate, you can shift 1 month between the prenatal and postnatal periods. You could take 3 months before and 2 months after, or 1 month before and 4 months after.

Does the employer pay maternity leave?

INPS pays 80% of the average daily salary. Most collective agreements require the employer to top up the remaining 20% to reach 100% of the employee's normal salary.

Putting this policy into practice

When you turn these requirements into a repeatable process, compare the availableleave management software options for teams in Italybefore choosing a system.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.