Italy - Maternity protection - 2011

18 November of 2011

Law No. 53 of 8 March 2000. Discipline for maternity and paternity support, for the right to care and training and for the coordination of the city-times, Gazzetta Ufficiale, 2000-03-13, No. 60, pp.3-15 (Legge 8 marzo 2000, n.53. Disposizioni per il sostegno della maternita’ e della paternita’, per il diritto alla cura e alla formazione e per il coordinamento dei tempi delle citta)

Constitution of the Italian Republic, Article 31 (Costituzione della Repubblica Italiana)

*Decree Law No. 151 of 26 March 2001 as modified up to Decree Law No.115 of April 2003. Unified Text of legislative texts on protection and support to maternity and paternity, according to the discipline of the Section 15 of Law No. 53 of 8 March 2000 (Decreto Legislativo 26 Marzo 2001, No. 151. Testo unico delle disposizioni legislative in materia di tutela e sostegno della maternità e della paternità, a norma dell’ articolo 15 della legge 8 marzo 2000, n. 53)

* Decree Law No. 119 of 2011 on leaves, permits and expectancy amending the Decree Law No. 151 of 2001 and some other norms.

Circular INPS No. 16 of 4 February 2008,
Circolare INPS n. 16 del 4 febbario 2008. Congedo di maternità/paternità e congedo parentale in caso di adozioni e affidamenti: sostituzione degli artt. 26, 31, 36 ed abrogazione degli artt. 27 e 37 del D.Lgs. 151/2001

Law No. 125,
Law No. 125 of 10 April 1991. Affirmative actions for the realization of gender equality in the workplace (Legge No. 125 of 10 April 1991 Azioni Positive per la realizzazione della parità uomo e donna nel lavoro)

Law No. 133 of 10 June 2003.
Conversion into Law of the Decree No. 73 of 14 April 2003 about urgent measures on benefits to families with mimimum three minors and for the maternity, Gazzetta Ufficiale, 2003-06-14, No. 136, p. 3 (Legge 10 giugno 2003, n.133 Conversione in legge, con modificazioni, del decreto-legge 14 aprile 2003, n. 73, recante disposizioni urgenti in materia di provvidenze per i nuclei familiari con almeno tre figli minori e per la maternita)

Circular No.139 October 27 of 2011 INPS
Subject: Decree Law No.119 of July 18 2011, §§2,8 amending §§16,45 of the Unified text of norms protecting maternity and paternity.(Decree Law No. 151 of 2001)
Decreto Legislativo No.119 del 18 luglio 2011,artt.2 e 8-Modifica degli artt.16 e 45 del Testo Unico delle disposizioni normative a tutela e sostegno della maternità e paternità(decreto legislativo n.151/2001)

Circular No.126 of September 29 of 2011 INPS
Subject: D.L N.78 of 31 May 2010 converted with amendments by Law No.122 of 30 July 2010. Presidential Decision No.75 of July 30 2010 and N.277 of June 24 2011. Ending of transition period to apply for family allowances.Since October 1 of 2011 application for these benefits will be made through telematic means.

Circular No.80 of June 08 of 2011 INPS
Subject: Collective National Agreement of subordinate workers of public and private enterprises managing water and gas services. Recalculation of different cash benefits including maternity.

Circular No.69 of April 20 of 2011 INPS
Subject: cash benefits on sickness, maternity and tuberculosis.

Circular No.57 March 03 2011 INPS
Subject: workers in textile industry. Recalculates among other, maternity cash benefits.

Circular No.87 of July 02 of 2010 INPS
Subject: Regulation(CE) No.883 of April 29 2004 as modified by Regulation(CE) No.988 of September 2009 on sickness and maternity allowances.

Circular No.64 of May 13 2010 INPS
Subject: provisions regarding the accrediting notional contribution in favor of workers registered in separate management Law No.335 of 1995 art.2, regarding maternity and paternity leave.

Circular No.62 of April 29 of 2010 INPS
Maternity Cash Benefits.

Circular No.37 of March 11 2010 INPS
Subject: Cash benefits sickness, maternity and tuberculosis.

Circular No.35 of March 9 of 2010 INPS
Subject: Basic Maternity Grant paid by Municipalities, for non European Union citizens with permit CE.

Circular No.30 of March 3 of 2010 INPS
Subject: payment of maternity benefit to horizontal part-time workers subordinated non agricultural.

Circular No.28 of March 1 of 2010 INPS
Subject: Maternity grant.

Circular No. 26 of February 18 of 2010
Subject: Adjustment in maternity benefit for telecommunication enterprises.

Circular No.118 of Nov 11 of 2009 INPS
Subject: Maternity/paternity, Details regarding the right to daily rest of fathers with no exceptions, in case of impossibility to take care of a child by the housewife mother.

Act. No.183 of November 4 of 2010
Legge 4 novembre 2010, n.183
Authorizing government to adopt legal measures in order to incentive female work.

Decree Law No.276 of September 10 of 2003 as amended up to
Decree Law No.223 of 2006 and art. repealed by the Constitutional Court.

Code of Equal opportunities Decree Law No. 198 of April 11 2006 as amended up to decree law No.5 of 25 January 2010(Applying Directive 2006/54/CE)

Law N. 104 of 24 February of 2006 have extended the scope of application of the Decree Law No.151 of 2001 to workers belonging to the category of executives repealing by this way the article 6, par.2 of the Law No.138 of January 11 1943.

ANNEX A.B.C on dangerous and unhealthy work for pregnant workers and/or nursing mothers.

National Collective Agreement on Labour Contract in Trade.

Legislative Decree No.119 of 2011 regarding leaves, permits and expectation.

INPS

ISSA

EXHAUSTIVE DETAILS ON CASH BENEFITS ACCORDING TO CATEGORIES OF WORKERS.

THE MATERNITY PROTECTION
La Tutella della Maternità
Anita Bevacqua, Jessica Toniolli e Paola Villa
Università degli Studi di Trento - Dipartimento di Economia

Ministero della Salute
Servizio Sanitario Nazionale

The Unified Text of 2001 on Maternity Protection covers all workers employed on the basis of a contract of employment, also with a contract of apprenticeship, in the public administration, in private sector and members of cooperatives, without distinction on the nature of their contract. There is also no distinction on the protection granted to natural or legitimate children. Workers belonging to the category of Managers(dirigenti) are also covered.

Domestic workers have the right to maternity and paternity leave.

The worker must inform the employer of the reason of her absence, and submit a medical certificate with the expected date of birth.

5 months (2 months before and 3 after confinement)

5 months: 2 months before and 3 months after the expected date of birth, or if allowed by a medical certificate, 1 month before and 4 months after the expected date of birth. This 5 month period of leave is compulsory.

Maternity leave may be extended on medical grounds arising out of pregnancy, in this case the Inspectorate of the Ministry of Labour will have to issue the extension upon submission of a medical certificate. The leave can also be extended to 3 months before the expected date of birth when the woman is employed in an occupation that can be hazardous and when she cannot be accommodated to another kind of occupation.

Maternity leave may be extended on medical grounds arising out of pregnancy or in case of preexisting morbidity that may worsen because of the pregnancy by a maximum of 7 months, so up to the beginning of the compulsory leave. The workers need to submit the medical certificate to the Inspectorate of the Ministry of Labour in order to benefit of this extended leave.

In case of multiple births there is not such a legal provision as extension of maternity leave, but a maternity leave is associated to each child. Furthermore, there is an express legal provision that doubles the daily hours of rest breaks and it also allows the father to make use of these additional hours of daily rest.

In case spontaneous or therapeutic interruption of pregnancy after the 180 day of gestation, as well as in case of death of the child at birth or during the maternity leave, these workers have right to resume at any time the working activities, with a notice of ten days to the employer, provided that the medical specialist National Health Service or their delegate and the medical authority for the purpose of prevention and health protection in the work places confirm that this will not prejudice their health.

All parents employed on the basis of a contract of employment, also with a contract of apprenticeship, in the public administration, in private sector and members of cooperatives, without distinction on the nature of their contract. Both parents qualify for parental leave, notwithstanding the working situation of the partner.

The worker has to inform the employer about his/her leave with minimum 15 days notice.
The child is under 8 years of age.

Parental leave may be asked by the mother after completion of her compulsory maternity leave for a period up to six months, by the father from the date of the birth of the child up to a period of six months, the sum of the parental leave of the mother and the father cannot exceed 10 months, even when done simultaneously. When the father uses parental leave of at least 3 months, the sum of the parental leave may extend to 11 months. If the mother or the father is or becomes a single parent, his/her parental leave extends up to 10 months.

All fathers employed on the basis of a contract of employment, also with a contract of apprenticeship, in the public administration, in private sector and members of cooperatives, without distinction on the nature of their contract.

The father has to inform the employer and certify the conditions that entitle him to paternity leave, namely death or grave sickness, or abandonment by the mother.

The father can ask for paternity leave for a period of maximum the duration of the maternity leave in case of death or grave sickness, or abandonment by the mother.

All adoptive parents employed on the basis of a contract of employment, also with a contract of apprenticeship, in the public administration, in private sector and members of cooperatives, without distinction on the nature of their contract.

Adoptive parents are entitled to abstain from work for a period of five months regardless of age at the time of the adoption of the child, the entitlement for the entire period even in cases where, during the leave, the child reaches the age of majority.

The rules and conditions of maternity, paternity and parental leave remain the same as the ones granted in case of legitimate and natural children. The leave must be initiated during the first three months of the effective arrival of the child in the family.

In the Legislative Decree No. 151 of March 26 of 2001 unified text on legal provisions to protect maternity and paternity, there is not an express provision entitling mothers to apply for or to request from the employer a part-time contract after maternity. Nevertheless, national collective agreements may establish this option. For instance, in the National collective agreement of trade, companies are required (up to a maximum of 3% of all workers in the company) to receive requests for temporary change of employment from full time to part-time.

In the case of holdings from 20 to 33 employees there will be more than 1 part-time after maternity leave, this needs to work and management. In case of multiple requests, the employer will give priority to applications submitted before.

The request to move to part-time maternity leave must be submitted with a notice of 60 days and must indicate the period for which you require the reduction of working time.(§113-122 national collective agreement of labour contract in trade)

There are two cash benefits:

1. STATE MATERNITY ALLOWANCE
It is a benefit to mothers: Italian citizens or residents EU or non-EU in possession of permit for long-term residents, paid for each child born, adopted, or pre-adoptive foster care child. Please note that due to the INPS Circular No 35th of March 9, 2010, even those that are pending release of a residence permit or EC long resident of the residence permit for family members of EU citizens or Italian, may submit an application for approval of the maternity allowance.

The municipal offices will withhold up to the requests submitted previous presentation of a residence permit or EC long resident of the residence permit for family members of EU or Italian citizen or permanent residence card for family members of citizens of the Union or provided by the Italian Legislative Decree no. No 30/2007 (Articles 10, 17 and 23). These categories of people enjoy because of the principle of equal treatment in all areas of competence of the European treaties, including the social assistance (Article 24).

Requirements

The allowance is payable to the mother:
if she has a working relationship in place and any form of protection for maternity and has at least 3 months of contributions (from employment, or self parasubordinate) in the period from 18 to 9 months before the birth of the child (or his inclusion in the family, in the case of adoption or foster), but has not reached the requirements for maternity allowance or is a lower amount (in this case, it is the difference);
has resigned voluntarily from work during pregnancy and has at least 3 months of contributions (from employment, or self para-subordinate) in the period from 18 to 9 months before the birth of the child (or its inclusion in the family, in the case of adoption or custody);
previously have been entitled to a benefit of INPS (such as illness or unemployment) to have worked at least three months (as an alternative, semi-subordinate or self), provided between the date of the loss of the right to social security benefits and date of birth or input of the child in the family do not have elapsed more than nine months.

2. MATERNITY CASH BENEFIT AS INCOME REPLACEMENT FOR WORKERS THAT STOP WORK DURING MATERNITY LEAVE. Further details on this benefit are provided in the fields below.

Regarding subordinate workers:

Female employees of private employers (including managers circ. 76/2006)
Workers (Circular 41/2006) with contract administration,
Employees of the contractor,
Workers with intermittent employment contract,
Workers contracts with job sharing,
Part-time workers,
worker apprentice.

Contract workers provided they have actually begun the work;
Female employees from state enterprises, public institutions and local governments privatized for the periods from January 1, 2009 - circ. 114/2008;

Regarding unemployed:

Unemployed that have stopped working less than 60 days ago;
Workers unemployed for more than 60 days with a right to unemployment benefits with the normal requirements - circ. 254/1994 - circ. 60/2002 or mobility allowance circ. 150/93;
Workers unemployed for more than 60 days with a right to unemployment benefit with reduced requirements circ. 4 / 2006,
Workers unemployed for more than 60 days and less than 180, not insured against unemployment, to the criterion of 26 weekly contributions in the years preceding the beginning of motherhood;
suspended for more than 60 working days with the right to redundancy fund;


Regarding agricultural:

Agricultural workers fixed-term (SDDs) with at least 51 days of work done in the previous year or current year before the start of maternity leave msg 29676/2007 verify enrollment - msg 29676 / 2007);
Agricultural workers (managers and employees) indefinitely;

Domestic workers and family (domestic workers and carers) meets the conditions of 52 weeks of work in the two previous years, or 26 weeks in the year preceding the start of maternity leave (qualifying week = 24 hours worked);

Female employees of cooperatives (members or non-employed workers and members);
Employees (workers and used) from companies providing public transport services;
working at home;
Seconded workers trade union
Workers engaged in socially useful activities or utilities;
Working fathers (only in cases of death, serious illness or illness of the mother, child abandonment by the same, sole custody to the father) meet the requirements specified for working mothers circ. 8 / 2003 paragraph 10 - msg 8774/2007;
Adoptive or foster parents (fathers and mothers employees) meet the requirements specified for the working mother (the adoptive father or custodian may exercise the entitlement to an alternative * to the mother who has renounced (Circular 97/2001)
Parents (fathers and mothers employees) meet the requirements specified for working mothers, in case of temporary placement of the child in the family (be ruled out, however, be granted the benefit, if the placement takes place in a community of family type ) No msg 5748 of 23.02.06

Regarding self-employed female-workers(fathers are not entitled to benefits):
farmers,
sharecroppers,
principal purpose of agricultural entrepreneurs,
craft
traders.

Self-employed-liberal professionals

Self employed workers have the right to a daily indemnity for the two months before the expected date of birth and the three months after that.

For employees
If the employment relationship is ongoing, no requirements of seniority are necessary in terms of contribution to the Social Security and the employer pays the benefit.

For unemployed
If the maternity leave begins within 60 days from the date of dismissal / resignation, the entitlement is automatic;
If the maternity leave begins more than 60 days from the date of dismissal / resignation, the right is recognized if the start date of leave falls within a period of unemployment or even theoretically accessible for mobility.
To unemployed workers not insured for unemployment, the right is recognized if the worker has paid 26 weekly contributions in the two years preceding the beginning of motherhood and whether it begins within 180 days from the date of dismissal / resignation.

For suspended workers
If the maternity leave begins within 60 days from the date of suspension, the entitlement is automatic;
if the maternity leave begins more than 60 days from the date of suspension, the right is recognized if the start date of leave falls within a period of unemployment or even theoretically accessible for mobility;

Agricultural workers contracted to work for a fixed period(OTD) the following requirements:
51 working days in agriculture during the calendar year preceding the leave starts or 51 working days in agriculture during the start of the leave provided that accrued before the leave.

Employees / workers with home-based work (Colf-badanti) for which payment is made directly by INPS, 52 weeks of contributions paid or payable in sectors other than the home within two years prior the childbirth or 26 weeks of contributions in the year preceding the start of maternity leave.

Employees / workers who belong to separate management under Law 335 of 1995, hereinafter called "para-subordinate ’, for which payment is made directly by INPS, if they have at least three months of contributions in managing them separately in the previous 12 months of the starting date of maternity leave.

Regarding the self-employed, it was not possible to identify the minimum period of contributions required to be entitled with this benefit.

For the duration of maternity leave( five months) and during any extension of the maternity leave period, the worker is entitled to maternity cash benefits.

In the case of subordinate workers:

ante-natal

The employee (employed, unemployed, suspended, agricultural, non-farm, home, home help or carer) is entitled to compensation as follows, in lieu of wages for ante-natal circ. 134382/82 point 2
for 2 months before the expected date of childbirth (are calculated without including the expected date of delivery msg No. 18311 of 12.07.2007);
for any period between the date alleged and actual date of birth;
for the periods of compulsory pre-natal anticipated, arranged by the provincial directorate of labor, labor inspection service; circ. 247/96 - Circ 45/2000
Note: The two months before the expected date of childbirth, on the basis of the interpretation given by the Supreme Court of Cassation Judgement No. 1401/2001, are calculated, as on that, not including the expected date of birth example: if the expected date of birth is 15 August, a woman is entitled to time off from work and to perceive the relative benefits from June 15 August 14 - No msg 18311 of 12.07.2007 - The provisions laid down by the CIRC. 134382/82 note 4 and 5 should be considered adjusted on the basis of the mentioned decision.

Post-natal

The employee (employed, unemployed, suspended, agricultural, non-farm, home, home help or carer) is entitled to compensation as follows, in lieu of wages for postpartum circ. 134382/82 point 2
for 3 months after delivery from the day following the date the same circ. 134382/82 point 2;
for the period of compulsory post-partum extended up to 7 months after delivery from the provincial directorate of labor, labor inspection service. Circ. 72/89.

The woman is entitled to post-natal cash benefit, even in cases where:
the child is stillborn;
the child has died after giving birth;
there has been an interruption of pregnancy after 180 days of gestation.

In the case of self-employed:

The allowance is equal to 80% of conventional daily wage, established by law each year.
Craft workers daily paid benefit, with reference to events for which the indemnification period begins in 2010 amounted to Euro 38.99 (Circular 37/2010 Section A, point 6).
Workers daily cash benefits for conventional merchants, with reference to events for which the indemnification period begins in 2010 amounted to Euro 34.17 (Circular A 37/2010 section A point 6).
For farmers, colon, sharecroppers, agricultural entrepreneurs the daily cash benefit for births that occurred in 2010 when the indemnification period has started in 2009, amounted to Euro 38.69 (circ. 37/2010 section 6).

For unemployed receiving benefits or entitled to receive benefits:

The amounts of the maternity allowance for each child born or adopted child or given any pre-adoption in foster care:

from 01.01.2009 to 31.12.2009, the monthly amount is EURO 309.11 for a total of EURO 1545.55 (Circular 19 of 16.02.2009 circ. 36/2009);
from 01.01.2010 to 31.12.2010, the monthly amount is EURO 311.27 for a total of EURO 1556.35 circ. 28 of 01.03.2010 - circ. 37/2010

For precarious workers:

1902.90 euros for the year 2009 (full size) Circ. 36/2009
1916.22 euros for the year 2010 (full size) Circ. 37/2010
This allowance should not be confused with welfare benefits provided by the municipalities.

In case of multiple birth, or multiple adoption or multiple children in foster-care, parents have right for each child to enjoy cash benefits.

Social Security (INPS- Istituto Nationale Previdenza Sociale)
Contributions are made by workers, employer’s and self-employed.

Workers who were absent, or suspended from work, or unemployed, when the period of compulsory leave started are admitted to benefit of the daily cash benefits if the period of time between the beginning of the suspension, absence, or unemployment and the beginning of the maternity leave is not longer than 60 days. These 60 days do not include any sick leave. If the worker has been unemployed for more than 60 days and is receiving the unemployment benefit, during the time of compulsory leave, she will benefit from the daily cash maternity benefit and not unemployment benefits.

The Unified Text of 2001 on Maternity Protection covers all workers employed on the basis of a contract of employment, also with a contract of apprenticeship, in the public administration, in private sector and members of cooperatives, without distinction on the nature of their contract.

Excluded:
Parents unemployed or suspended;
Domestic workers;
Homeworkers.

This benefit ends when the working relationship finishes.

The worker has to inform the employer about his/her leave with minimum 15 days notice.
Existence of an employment relationship in place at the beginning and during the period of absence;
The child is alive;
Actual absence from work.

A maximum period of six months for both parents combined.

If the child is less than 3 years old, parental cash benefits are 30 per cent of the salary , for a maximum period of six months for both parents combined. The method of calculation is the same as for the maternity benefit. If the child is between 3 and 8 years old the parental leave does not include any cash benefit.

Social Security (INPS- Istituto Nationale Previdenza Sociale).
Contributions are made by workers, employer’s and self-employed

The Unified Text of 2001 on Maternity Protection covers all workers employed on the basis of a contract of employment, also with a contract of apprenticeship, in the public administration, in private sector and members of cooperatives, without distinction on the nature of their contract.

The father has to inform the employer and certify the conditions that entitle him to paternity leave.

The father can ask for paternity leave for a maximum period of the duration of the maternity leave in case of death or grave sickness, or abandonment by the mother.

Daily Cash Benefits are calculated with the same rules of the maternity cash benefits and are subject to the same terms and conditions.

Social Security (INPS- Istituto Nationale Previdenza Sociale).
Contributions are made by workers, employer’s and self-employed.

The Unified Text of 2001 on Maternity Protection covers all workers employed on the basis of a contract of employment, also with a contract of apprenticeship, in the public administration, in private sector and members of cooperatives, without distinction on the nature of their contract.

The adopted child must be less than six years old; in case of international adoption less than 18 years old.

For self employed workers, in case of adoption a daily indemnity is granted after submission of the proper documentation for the three months after the effective arrival of the child in the family, if the child is less than six years old.

Subordinate workers:

In the case of adoption / pre-adoptive fostering national responsibility adoption cash benefit is payable for 5 months after the actual entry of the child in the family;
in the case of adoption / pre-adoptive fostering international responsibility allowance for the 5 months following the child’s entry into Italy. The leave may be received, and also partially fractionated prior to entry into Italy of the child.
The period not received prior to entry in Italy can be enjoyed even split, within 5 months from the day after the child’s entry into Italy.

In the case of custody, compensation is due for up to 3 months within 5 months from the date of ruling.

Contract workers:

In the case of adoption or foster national, the benefit is payable for the 3 months following the effective entry into the child’s family that, at the time of or reliance, has not exceeded six years of age;
in the case of adoption or foster international responsibility, the benefit is paid for the 3 months following the effective entry of the child into the adoptive family even though, at the time of or reliance, is aged over six years of age.

Self-employed

In the case of adoption or custody (3 months after the date of entry of the child in the family) provided that the adopted or foster child has not exceeded:
6 years of age in the case of adoption or pre-adoptive and pre-adoptive custody of Italian children;
18 years of age in the case of pre-adoptive or foster adoption of foreign children.

For all categories of workers and even self-employed, this benefit is equal to 80% of the average daily wage. Nevertheless, a few variations apply for certain categories.

Please visit the web-site of the INPS in our sources in order to have access to further details.

Social Security (INPS- Istituto Nationale Previdenza Sociale).
Contributions are made by workers, employer’s and self-employed.

Without prejudice to the ordinary health care and hospital borne by the National Health Service(INPS), working women during pregnancy, may benefit from the medical services provided by public or accredited private institutions, excluding the cost of performance, as well as periodic visits of obstetrics and gynecology, specialized services for the protection of motherhood, according to pre-conception and prevention of fetal risk, according to the Legislative Decree of the Ministry of Health No.124 of April 29 of 1998, art.1a.
Examinations free of charge are for instance:
Blood tests(including tests for toxoplasmosis)
Three ultrasounds scans.
A tri-test to check the possibility of the baby having Down’s syndrome.
In post-natal care some vaccinations are compulsory Vaccinations
These benefit are extended up to the seventh month of age of the child and it applies also to female workers that have adopted a child or that have received the child in foster care.

National Health Service(SERVIZIO SANITARIO NAZIONALE)
General taxation.

During the first year of age of the child, working mothers can take two daily breaks during their working day, or one if the working time is less than six hours daily. These breaks are of one hour each and the woman can go out of the company. The father is entitled to the same daily reduction of hours of work in case the child is raised by the father only, if the working mother does not benefit of the daily breaks, if the mother is not employed, or in case of death or grave disease of the mother.

Nursing breaks are considered as effective working periods, the salary remains the same level.

During pregnancy and up to 7 months after the child’s birth(this provision applies also to adoptive mothers or foster-care mothers of a child under 7 months of age), female workers are entitled with the right to be transferred to a different or a lighter job in order to protect their the mother and the unborn or born child. The remuneration will be the same remuneration received by the worker before the transfer.

There are not legal provisions establishing a duty in the employer’s head regarding the establishment of nursing facilities.

Night work (from 24:00 to 6:00) is banned for women from the beginning of the pregnancy until the child is one year old. Furthermore, are not compel to perform night work:
working mothers of a child under 3 years of age or in alternative, the father that cohabits with her.
working mother or working father with exclusive custody of a child under 12 years of age.

It is not prohibited neither for pregnant workers nor for nursing mothers.

It is not prohibited neither for pregnant workers nor for nursing mothers.

An employee may leave her work, without any reduction of her remuneration, in order to attend compulsory medical examinations in relation to her pregnancy and childbirth. These absences are counted as hours worked for determining her paid leave and seniority rights.

EXTENSION OF PARENTAL LEAVE IN CASE OF SERIOUS DISABILITY OF THE CHILD

For each serious disabled child, the working mother or in alternative the working father, are both entitled within the 8th year of age of the child, to the extension of parental leave.This extension may be taken continuously or fractional up to 3 years. This right is subject to the fact that the child has not been hospitalized in an specialized medical institution except, if the parental presence is required.
Cash benefits will be paid up to 30% of wages for up to 6 months to both parents.

As alternative to this extension of parental leave, parents may be opt to take the break rests and/or permits established in art. 42 of the same norm and whose main figures are explain as follows.

BREAKS AND PERMITS IN CASE OF CHILD/CHILDREN WITH SEVERAL DISABILITY

Up to the third year of age of the child with several disability, it is applicable art.33 par.2 of the Law No.104 of 1992 which provides two daily hours of paid breaks.
After the third year of age of the child with several disability, the working mother or the working father have alternatively the right to 3 paid days-off each month to look after the child severally disabled.
Adoptive parents are also entitled within the first year of the date the child entered to the family.
These rests may be taken cumulatively with regular parental leave or leave for sickness of a child.

LEAVE FOR SICKNESS OF A CHILD

Both parents are entitled alternatively to abstain from working during periods of sickness of a child under three years old. Furthermore, adoptive parents and foster-care parents enjoy this right up to sixth year of age of the child.

For sickness of child between 03-08 years old, both parents are entitled to take alternatively up to five days paid off by year. In the case of adoptive parents and foster-care parents in order to be entitled with this right, the age of the child has been increased up to 12 years.

A medical certificate regarding the sickness of the child shall be presented by the employee to the employer.

It is forbidden assigning female workers to transport and lifting of weight, dangerous work, exhausting and unhealthy work.

Regarding ionizing radiation women during pregnancy, can not carry out activities in areas classified or otherwise, that could be used to expose the unborn child at a dose that exceeds a millisieverts during the pregnancy period.

The employer is responsible to evaluate the risks to health and safety of working women, particularly exposure to physical, chemical and biological agents listed in Annex C of the Law and on the base of the requirements spelled out in Law No. 626, of 19 September 1994. The employer has a duty to inform the workers and their representatives of the results of such evaluation and the following measures of protection and prevention adopted.

Whenever a risk is assessed the employer has to adopt every necessary measure to avoid exposure to such risk. When adaptation of conditions of work is not possible the employer has to inform the Ministry of Labour in writing about the risk.

The Inspection Service of the Ministry of Labour may after the medical evaluation, decide to modify working conditions, working hours or the transference of the pregnant worker in risk to other work.

If the worker is transferred to a work of lower level, she will keep the same salary level and classification enjoyed before the transfer.

Previous medical evaluation of the pregnant worker in case of:
*complications during pregnancy or pre-existent medical conditions of the pregnant worker aggravated by the pregnancy.
*when working or environmental conditions are considered prejudicial for the health of the worker or the child.
* when the transference to other work is not possible.

The Inspection Service of the Ministry of Labour, may decide to modify working conditions, working hours and/or to extend the compulsory paid maternity leave from the the regular two months before confinement to three months before confinement.
In case the worker shall stop working before the last three months before confinement, instead of extended maternity leave; regular sickness leave will apply until the worker is entitled to maternity leave.
sickness and maternity leave are not cumulative.

At the end of the period of protection from dismissal, workers are entitled with the right to return to the same work they were performing before the starting date of their maternity and paternity leave.
This right to return to the same work is applicable to the other types of leave, permit or break rests.
This right has been extended in case of adoption or foster-care up to a year after the entry of the child in the family.

During pregnancy it is forbidden to assign female workers to operative work performed by the Police(penitentiary and municipal).
Women’s military personnel shall not performed dangerous, exhausting and unhealthy work.

SOME OF THE PROHIBITED WORKS FOR PREGNANT WORKERS AND/OR NURSING MOTHERS IN CERTAIN CASES AND CONSIDERED DANGEROUS, EXHAUSTING AND UNHEALTHY UNDER THE PRESIDENTIAL DECREE ARE:

Works where physical agents are regarded as agents causing fetal lesions and / or likely to disrupt placental attachment, in particular:
Working in an atmosphere of high pressure, for example in rooms under pressures, scuba diving.
Shocks, vibration or movement, manual handling of loads entailing risks, particularly lower back, noise, ionizing radiation, non-ionizing radiation, thermal stress, movements and postures, movements, both inside and outside the establishment, mental and physical fatigue and other physical discomforts derived from the activity performed by the worker.

Works where there are biological agents of risk such as toxoplasm and/or rosalia virus,

Works where there are chemical agents insofar as it is known that they endanger the health of pregnant women and the unborn do not yet appear in Annex II:
Substances labeled R40, R45 and R46 R47 under Directive No. 67/548/EEC, provided it does not yet appear in Annex II
mercury and its derivatives,
antimitotic drugs,
carbon monoxide,
hazardous chemicals per-cutaneous absorption.

Work on ladders and scaffolding mobile and fixed heavy manual labor jobs.
Work involving a train standing for more than half the time or that result in a particularly tiring work with pedal car move, when the pace of the movement is frequent, or requires considerable effort.
Work assistance and care of the sick in sanatoria and wards for infectious diseases and/or nervous and mental disorders.

Work involving chemicals lead and its derivatives, to the extent that these agents may be absorbed by the human body.
Farm work involving the handling and use of toxic or otherwise harmful to the fertilization of the soil and in the care of livestock
The work of weeding and transplanting of rice
Work on board ships, aircraft, trains, buses and any other communication means in motion.

Working in underground mining jobs.

From the moment working women certify the pregnancy until the child is seven months old, they are not allowed to carry or lift weights, not to perform dangerous, tiring or unhealthy works which are listed in Annex A of the Law.

From the moment working women certify the pregnancy until the child is seven months old, they are not allowed to perform works that expose them to agents listed in Annex B of the Law. During pregnancy workers cannot perform work in an area exposed to more than one "millisievert" of ionizing radiation

Any discrimination based on the grounds of sex, marital status and pregnancy status is prohibited as far as access to employment is concerned as well as access to vocational training and professional education, and in terms of promotions, salary levels and professional classification. It is considered discriminatory any act or behaviors which produces a prejudice, even indirect, discriminating against workers on the grounds of sex.

It is forbidden to discriminate in the access to employment, training, promotion and in working conditions by demanding certificates of marital or civil status, pregnancy, maternity and paternity.

Dismissal is prohibited during pregnancy, where this has been medically certified, during maternity leave and until the child is one year old. Any dismissal during this time is considered void. Dismissal is also void for both the mother and the father in the case they are benefiting from parental leave. The father is also protected against dismissal while taking paternity leave and until the child is one year old. The same discipline applies in case of adopted children. Dismissal is nonetheless permitted in case of a serious fault of the worker unrelated to pregnancy, of the termination of the company’s activity, and the termination of the same worker’s short-term contract.

Seasonal workers, who receive periodical unemployment benefits, are protected from dismissal during the period of maternity leave and have to right to return to work after the compulsory leave period.

When the applicant provides evidence in fact, derived also from statistical data related to hiring, occupational distribution, the allocation of functions, transfers, career progression and redundancies, suitable to found, in a precise and consistent manner, the presumption of existence of acts, agreements or discriminatory behavior on the basis of sex, lies on the defendant the burden of proof of discrimination on dismissal.

At the end of maternity leave, paternity leave and adoption leave the employee has the right to return to his/her previous work, in the same productive unit, or in a unit in the same province until the child is one year old. They have also the right to perform the same duties they had before or equivalent ones.