Flexible Maternity Leave

Flexible maternity leave is a measure that allows female employees to adapt the period of mandatory leave from work to their personal needs by postponing part or all of the leave until after childbirth.

Option to Work Until the Eighth Month of Pregnancy

The Consolidated Act on Maternity and Paternity (Legislative Decree 151/2001) provides that, as a general rule, mandatory maternity leave starts two months before the expected due date and ends three months afterward.
However, Article 20 of the Consolidated Act stipulates that, while maintaining the total duration of maternity leave at five months, employees may choose to begin their leave one month before the expected due date and continue until the fourth month after childbirth. This option is only available if both a specialist doctor from the National Health Service (or an affiliated provider) and the occupational health doctor certify that postponing the start of leave poses no risk to the health of the mother or the unborn child.

Option to Work Until Childbirth

As a further alternative to the standard maternity leave schedule and the flexibility option, Article 16 of the Consolidated Act allows the employee to take leave exclusively after childbirth, using the entire five-month mandatory leave period following the birth.

How to Request Flexible Maternity Leave

To apply for flexible maternity leave (i.e., one month before and four months after childbirth, or all five months after childbirth), the employee must follow these steps:

1. Obtain Medical Certificates: In the seventh month of pregnancy, the employee must obtain certificates from a specialist doctor and – if engaged in work subject to health surveillance – from the occupational health doctor, confirming fitness to continue working during the eighth month or up until childbirth.
2. Submit the Online Application: In the online maternity application to INPS, the employee must indicate the intention to opt for the flexibility scheme.
3. Submit Documentation to the Employer: The above medical certificates must be submitted to the employer. There is no need to send them to INPS.

Given the complexity of the above procedures and the frequent regulatory changes affecting maternity protection, it is strongly recommended to consult an expert to correctly carry out all necessary actions to benefit from the leave.

Is it Possible to Work Until the Eighth Month of Pregnancy?

Yes, the Consolidated Act on Maternity and Paternity (Legislative Decree 151/2001) generally provides that mandatory maternity leave starts two months before the expected due date and ends three months after.

However, Article 20 allows employees to begin their leave one month before the expected due date and continue until the fourth month after childbirth, provided that both a specialist doctor from the National Health Service (or affiliated provider) and the occupational health doctor confirm that postponing the start of leave poses no risk to the health of the mother or the unborn child.

Is it Possible to Work Until the Day of Birth?

Yes, as a further alternative to the standard and flexible maternity leave options, Article 16 of the Consolidated Act allows the employee to take the entire mandatory five-month leave period after childbirth.

How to Request Flexible Maternity Leave?

To request flexible maternity leave (i.e., one month before and four months after childbirth, or the entire five months after childbirth), the employee must follow these steps:

1. Obtain Medical Certificates: In the seventh month of pregnancy, the employee must obtain certificates from a specialist doctor and – if engaged in work subject to health surveillance – from the occupational health doctor, confirming fitness to continue working during the eighth month or until childbirth.
2. Submit the Online Application via the INPS Portal or with the Help of a Patronage Institution: In the online maternity application to INPS, the employee must indicate the intention to opt for the flexibility scheme.
3. Submit Documentation to the Employer: The above medical certificates must be submitted to the employer. There is no need to send them to INPS.

Due to the complexity of the above requirements and the frequent regulatory updates concerning maternity protection, it is strongly recommended to consult an expert to ensure proper compliance and to take full advantage of the leave.

What Happens if the Baby is Born Before or After the Expected Due Date?

• If the baby is born before the expected date, the unused pre-birth leave days are added to the post-birth leave period. For example:
  • If birth occurs two weeks earlier than expected, those 14 days are added to the three months of post-birth leave.
• If the baby is born after the expected date, the maternity leave is automatically extended up to the actual date of birth. The three-month post-birth period then begins from the actual date of delivery.

Can You Change Your Mind After Requesting Flexibility?

Yes, flexibility can be discontinued either at the employee’s request or in the event of health issues. Specifically, if a medical certificate confirms an illness, the flexibility option is automatically terminated starting from the date the illness begins, and the mandatory maternity leave starts on that same day.

Does Flexibility Affect the Maternity Benefit Amount?

No, flexibility does not impact the amount of the maternity benefit. The benefit paid by INPS is equal to 80% of the average daily wage, regardless of whether the employee chooses the standard or flexible option. This may be supplemented by an employer-provided top-up, depending on the collective labor agreement (CCNL) applicable to the employment relationship.