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.

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.