In Italy, fathers are entitled to 10 days of mandatory paternity leave (congedo di paternità obbligatorio) at 100% of their salary, paid by INPS. Established incrementally from 2013 and made fully compulsory since the 2022 reform (D.L. 105/2022), the leave is non-transferable — it cannot be delegated to the mother. The 10 days must be taken within 5 months of the birth and can be taken flexibly. Additionally, fathers are entitled to an optional day of paternity leave, bringing the total to 11 days.

Statutory entitlement

10 days of mandatory paternity leave at 100% of salary (paid by INPS), plus 1 optional day, for a total of 11 days. Must be taken within 5 months of the birth. The leave is non-transferable and cannot be delegated to the mother. For multiple births, the entitlement increases: 20 days mandatory.

Eligibility

All working fathers (employees in both the private and public sectors) are entitled to mandatory paternity leave. No minimum contribution period is required. Adoptive and foster fathers have the same entitlement, with leave taken within 5 months of the arrival of the child.

Employer obligations

  • Grant 10 days of mandatory paternity leave to all working fathers.
  • Ensure the employee takes the leave within 5 months of the birth.
  • Pay the employee's normal salary during paternity leave and claim reimbursement from INPS.
  • Protect the employee from dismissal during the paternity leave period.
  • Allow the employee to take the leave flexibly — not necessarily consecutive days.
  • Not require the employee to work during the mandatory paternity leave days.

Employee rights

  • Right to 10 days of mandatory paternity leave at 100% of salary.
  • Right to 1 additional optional day of paternity leave (11 days total).
  • Right to take the leave flexibly within 5 months of the birth.
  • Right to protection from dismissal during paternity leave.
  • Right to return to the same position after paternity leave.
  • Right to an extended entitlement of 20 days for multiple births.

Common pitfalls

  • Assuming paternity leave is optional — the 10 days are mandatory and the father must take them.
  • Not claiming INPS reimbursement — employers pay the salary and then seek reimbursement from INPS for the paternity leave days.
  • Missing the 5-month deadline — all paternity leave days must be taken within 5 months of the birth.
  • Confusing paternity leave with parental leave (congedo parentale) — paternity leave is 10-11 days at 100% pay; parental leave is separate.

How paternity leave evolved

Italy introduced paternity leave in 2013 as just 1 mandatory day. It was expanded to 2 days in 2016, 4 days in 2017, 5 days in 2018, and 7 days in 2019. The 2022 reform (D.L. 105/2022) brought the mandatory entitlement to 10 days plus 1 optional day, representing a significant expansion of fathers' rights in Italy.

Taking the leave flexibly

The 10 days do not need to be taken consecutively. Fathers can take them flexibly within the 5-month window after the birth. However, the mandatory days cannot be transferred to the mother. The leave can also be combined with the optional 1 day for a total of 11 days.

Payment and INPS reimbursement

The employer pays the employee's normal salary during paternity leave. The employer then claims reimbursement from INPS for the days taken. For self-employed fathers (autonomi), INPS pays a daily allowance equal to 80% of the reference income, subject to annual caps.

Frequently asked questions

Can I transfer my paternity leave to my partner?

No. The 10 mandatory days are non-transferable — the father must take them personally. The mother cannot use the father's paternity leave days.

How many days of paternity leave do I get for twins?

For multiple births (twins or more), the mandatory paternity leave doubles to 20 days, plus 1 optional day, for a total of 21 days.

Can I split the paternity leave into non-consecutive days?

Yes. The 10 days can be taken flexibly — they do not need to be consecutive. They must all be taken within 5 months of the birth.

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.