In Italy, employees who are unable to work due to illness are entitled to sick leave (malattia). During the sick leave period, employees receive economic treatment from INPS (National Social Security Institute) and, in many cases, an employer top-up. The duration of protected sick leave is governed by the period of comporto (periodo di comporto), which varies by collective agreement.

Statutory entitlement

Sick leave pay from INPS: 50% of daily wage for the first 10 days, 66.66% from day 11–20, and 50% from day 21–180 (subject to collective agreement top-ups). The period of comporto (job protection) is typically 180 days per year, but varies by CCNL.

Eligibility

All employees covered by INPS are entitled to sick leave benefits. There is no minimum contribution requirement for sick leave payments. The period of comporto is defined by the applicable collective agreement (CCNL).

Employer obligations

  • Accept the medical certificate from the employee's doctor and transmit it electronically to INPS.
  • Pay any top-up required by the applicable collective agreement (many CCNLs provide enhanced pay during sick leave).
  • Not dismiss the employee during the period of comporto.
  • Respect the employee's right to medical privacy — the employer receives only the prognosis, not the diagnosis.
  • Ensure the employee is available for medical visits during the prescribed hours (fascia di reperibilità).

Employee rights

  • Right to sick leave pay from INPS for up to 180 days per year.
  • Right to job protection during the period of comporto.
  • Right to medical privacy — the employer only receives the expected duration of absence, not the diagnosis.
  • Right to enhanced pay if the collective agreement provides for it.

Common pitfalls

  • Not transmitting the medical certificate to INPS — the employer must forward the certificate received from the employee's doctor.
  • Dismissing an employee during the period of comporto — this is prohibited and would constitute unfair dismissal.
  • Not respecting the fascia di reperibilità — employees must be available for INPS medical inspections during specific hours (typically 10:00–12:00 and 17:00–19:00).
  • Requesting the employee's diagnosis — employers are only entitled to know the expected duration of absence, not the medical condition.

How sick leave payment works

INPS pays sick leave benefits: 50% of the daily wage for the first 10 days, 66.66% from day 11 to day 20, and 50% from day 21 to day 180. The employer pays the first three days of sick leave (carenza). Many collective agreements provide employer top-ups to bring the total pay to 100% for a specified period.

The period of comporto

The periodo di comporto is the maximum period during which the employee's job is protected. It is typically 180 days per year but varies by collective agreement. During this period, the employer cannot dismiss the employee for absence due to illness.

Medical inspections (visite fiscali)

INPS conducts medical inspections during the sick leave period. Employees must be available at their home during specific hours (10:00–12:00 and 17:00–19:00, including weekends and holidays). Absence during these hours without justification can result in loss of sick leave pay and disciplinary action.

Frequently asked questions

How long does the period of comporto last?

The periodo di comporto varies by collective agreement (CCNL). For most private sector employees, it is 180 days per year, but some agreements provide longer periods. Public sector employees may have different rules.

Can an employee be dismissed after the period of comporto?

Yes, if the absence exceeds the period of comporto, the employer may terminate the employment for just cause (giustificato motivo oggettivo). However, the dismissal must follow proper procedures.

Does the employer receive the employee's diagnosis?

No. The employer only receives the expected duration of absence (prognosis) from the medical certificate. The diagnosis is confidential and protected by medical privacy laws.

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.