Mandatory Paternity Leave for the Intended Parent: Clarifications from INPS Following the Constitutional Court Ruling

With Message No. 3322 dated November 5, 2025, INPS provided an important clarification regarding the application of mandatory paternity leave to a female employee who is the intended parent in a same-sex couple registered as parents in the civil registry. This clarification follows Constitutional Court ruling No. 115/2025, which declared Article 27-bis of Legislative Decree No. 151/2001 (Consolidated Act on Maternity and Paternity) unconstitutional insofar as it failed to recognize this right for the intended parent.

Previously, with Message No. 2450 dated August 7, 2025, INPS had limited its guidance to the effects of the ruling on leave taken from July 24, 2025 onwards—the day after the decision was published in the Official Gazette and the date on which the provision ceased to have effect. However, in its latest message, the Institute expands on its earlier guidance, specifying that the effects of the ruling also apply to employment relationships that were not yet concluded or settled as of that date.

Accordingly, paternity leave taken by the employee prior to July 24, 2025, in compliance with the applicable legislation at the time, cannot be considered undue. Furthermore, INPS clarifies that applications for mandatory paternity leave with direct payment, submitted for periods prior to July 24, 2025, may be reconsidered upon request by the employee concerned, provided that the statutory limitation period—one year from the accrual of the right—and the forfeiture period—one year from the conclusion of the administrative procedure—have not expired.