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08.102020

Operational instructions given by the Italian National Social Security Institute (INPS) for employees with children in quarantine

in INPS

With Circular No. 116 of 2 October 2020, INPS has given the relevant operational instructions on the ways in which employees may benefit from the so-called Covid-19 leave in case their school-age children are in quarantine.

As is well known, article 5 of Law by Decree No. 111/2020 has introduced an indemnified leave in favour of parents who are employees (the so-called COVID-19 leave for the school quarantine of their own children) to be used in order for them to be able to be absent from work, either totally or partially, for the period of quarantine of the cohabitant child of less than fourteen years of age, ordered by the Prevention Department of the territorially competent Local Health Authority (ASL) following the relevant contact to said extent inside the school complex.

Both parents may alternatively benefit from the aforesaid leave if they cannot do their respective job on a smart working basis.

In its Circular, the Italian National Social Security Institute has shown the cases of compatibility and incompatibility between the Covid-19 leave under examination and other types of absence.

For example, benefitting from the aforesaid leave is incompatible with types of absence like sick leave, maternity/paternity leave, holidays, unpaid leave, as well as the days off and leaves under Law No. 104/1992.

Furthermore, the Italian National Social Security Institute has shown the cases of incompatibility between the leave at issue and other types of absence concerning the other parent cohabiting with the child. Amongst same, it is possible to find parental leave, the daily rest of the mother or of the father, as well as the relevant income support measures upon suspension of work.

The Circular has also specified that the application must exclusively be filed through the Internet, (I) through the www.inps.it Web page, if one is a holder of the PIN issued by the Italian National Social Security Institute or (ii) through the Integrated Contact Centre of the Italian National Social Security or through the services offered by the relevant Benevolent Funds.

The application may concern periods of benefit from the leave prior to the date on which any such application is submitted, provided that falling within the period running between 9 September 2020 and 31 December 2020.

The application must mention the details of the quarantine decision ordered by the Prevention Department of the territorially competent Local Health Authority (ASL).