Maternity leave (Articles L178–189)

Any pregnant woman whose condition has been medically confirmed is entitled to 14 weeks’ maternity leave, comprising 6 weeks before the expected date of childbirth and 8 weeks afterwards.

• A pregnant woman may terminate her employment contract after informing her employer without being subject to any notice period. This provision applies throughout the period during which she is breastfeeding her infant (15 months).
• If the baby is born before the expected date, the period of rest is extended until the 14 weeks’ leave have elapsed.
• Whilst her contract is suspended, the employed mother will receive from the INPS an amount equivalent to her last salary paid by her employer, in accordance with the conditions laid down by the Social Security Code.
• In the event of illness certified by a medical certificate and resulting from pregnancy or childbirth, the woman is entitled to a three-week extension of her leave.
• Throughout the period of suspension, the employer may not terminate the employment contract.
• Before placing the pregnant woman on maternity leave, the HR department is required to provide a number of documents to the INPS:
• The employment certificate: stating the woman’s job title and her date of employment,
• The certificate of suspension of employment: this informs the INPS of the suspension of the contract. It must specify the occupational category and the duration of the suspension.
• The salary certificate: detailing the remuneration received by the woman on the date the contract was suspended.

NB: During the fifteen months following childbirth, a working mother is entitled to one hour of non-deductible rest time for breastfeeding her child at the workplace (Law 184).

 

Terminology

Prenatal period: beginning 6 weeks before the expected date of childbirth;

Postnatal period: ending 8 weeks after the date of childbirth.