Module 5 After the webcast you will have an understanding of - Leaves and absences - Vacation - Protected absences (parental leaves-sickness-accident) - Allowances and average daily wage
Leaves and absences
Vacation: Annual Leave Each CCNL National Collective Bargaining agreement has its specific annual leave in days/hours • Unused annual leave cannot be paid, but it can be carried forward • Payment can only be made at termination, or for days exceeding 4 weeks a year • Any accrual from previous years older than 18 months must undergo contribution in June; in • case of use or payment for termination, employer can recover an equivalent amount of contribution reducing INPS payment in the F24 form and reporting details in the Uniemens (xml tag “Ferie”) Employers therefore need to ensure they keep holidays accruals and use divided by year • This is a way of encouraging employees to take the carried forward leave in the first few months • of the year
Public allowances and protected absences: Overall Eligible workers can receive - Public allowances (i.e. ANF= Family allowance) - Protected absences indemnity • Payment is done by company on behalf of public authorities. • Employees receive payment in their payslip. • The company claims back the amount through monthly payment of social contributions (F24 Form), reducing company’s debit of a corresponding amount. • Detailed description of these allowances and indemnities is then reported monthly by the company inside the Uniemens.xml mandatory report, sent to Inps.
Protected absences: Maternity Leave Eligibility: • The working mother, whether she is a subordinate worker, self-employed or a professional • The working father Natural, adopted and foster children • Rights: • Paid Leave • Days-off • Protection of working mothers and working fathers • Public indemnity for maternity and paternity leave • Pension coverage • Employee’s seniority increases • 13 th and 14 th installment are accrued (mandatory maternity) • TFR is always accrued on the CCNL gross salary, even if not actually paid
Protected absences: Parental Leave Maternity leave is the right of the working mother Women must take leave (and cannot be forced to work): • During the two months prior to the expected date of delivery • If the birth occurs after that date, for the period between the presumed date and the actual date of birth • During the three months after the date of birth • During further unused days before the birth if the birth occurs earlier than the expected date
Maternity Pay • Public Indemnity : an amount of 80% of the total average daily wage (13 th – 14 th installments included) is paid during the compulsory maternity leave, for a standard period of 5 months. • CCNL and Company indemnity: Most CCNL s increase amount so that it covers 100% of the average daily wage the employee would have received in case of standard behaviour • How it is paid: The employer pays the indemnity to the employee, highlighting the treatment on payslip, then claims back the amount paid deducting from the monthly social security payments • Term contracts : when contract ends during maternity, the employee receives the payment directly from the Pension Authority (INPS)
Paternity Leave • The working father has the right to the statutory paternity leave after the child is born • The adoptive father or foster parent is entitled to paternity leave if the mother requests it • In certain circumstances including the death or serious illness of the mother and where the father has sole custody then the father has the right to the full maternity leave or the remaining amount • This right is also recognised in cases where the mother is not or was not working • Salary compensation, contract and social security terms are the same as expected for the working mother.
Parental Leave In addition each parent is entitled to a period of voluntary leave which is taken in : • The first eight years of a child’s life, for biological children • The first eight years from the child’s joining the family and not over the age of majority for adopted or foster children Parental leave as a whole can not exceed ten months • The limit is raised to eleven months if the father exercises his abstention right for more than three months
Parental Leave • The working mother can take a maximum of 6 months a parental leave after maternity leave • The working father, can take a maximum of 7 months leave from the date of the child’s birth, this leave can be taken even if the mother is not working • Both parents can take leave at the same time but must not exceed the total leave allowable • The father must take 1 days leave in the first 5 months from the date of birth and can take a further 1 or 2 days leave in the first 5 month but this will reduce the maternity pay • Parental leave can be taken as days or hours
Parental Leave: indirect remuneration • An allowance equal to 30% of salary is payable for parental leave periods • This is payable for a maximum of six months (shared between both parents) and can be paid up to the child’s third birthday • Where the income is below a fixed amount for the year the allowance is payable for periods after the first six months (again this is a total of the leave taken by both parents) • The employer makes the payments and deducts the amounts from the social security payments paid over (reducing F24 payment + reporting parental leave in the Uniemens form as a credit) • The period of a maximum 6 months paid parental leave within the first three years of the child’s life is covered by non-cash contributions providing the parents continue their relationship and regardless of their previous contribution period
Parental leaves: particular categories Executives “Dirigenti”: • It has been extended to employees who are categorised as managers and employees of private employers Temporary subordinate female workers: • Fixed term contract workers have the right to receive the maternity allowance for the entire duration of the maternity leave period; it will be paid directly by Inps • Where the contract expires during this period • Or where it expires before this period provided that the lapsed time between the termination of the employment relationship and the beginning of the leave is no more than 60 days • With regards to the parental leave, a fixed-term employee has the same rights as a permanent worker as long as the employment relationship is pending
Parental leaves: breastfeeding leave Breastfeeding • the working mother is entitled to 2 hours of paid leave, after maternity leave and until child is 1 year old • where an employee works less than 6 hours a day the right decrease to 1 hour • In case the company organized an internal nursery (either on site or in the immediate vicinity) the rest periods are reduced to 1 hour • rest periods are doubled in case of twins • in case of adoption and custody care, the leaves are recognised within the first year the child joins the family • Breastfeeding represent an indirect retribution, since the company is reimbursed by Inps
Parental leaves: father’s rights The father has the right to apply for daily permits/rest periods in the following cases : • The father has the custody of the children • Instead of the employed working mother • In the event that the mother is working • In the event of death or serious sickness of the mother • in the case of non-working mothers, the rights due to the father up to the child’s first birthday is without exception and regardless of the existence of proven situations determining the objective impossibility of the mother to look after the baby
Parental leave: Child’s Sickness This is an unpaid voluntary leave that either parent can use alternately during the child's illness • Children under 3 years of age: • Each parent can be absent from work (alternately) as long as the child is sick • Children under 8 years of age: • Each parent can be absent from work (alternately) for a maximum of 5 days per year
Maternity: protected period • Female workers cannot be dismissed from the beginning of the pregnancy period until the child’s first birthday Exceptions: • Negligence implying the dismissal on justified grounds • Negative outcome of the trial period • Expiry of the trial period/probation • Termination of the business • Completion of the recruitment • To dismiss a female employee before the child’s first birthday for any other cause is illegal • To dismiss the female or male employees for taking or applying for parental leave and leave for a child’s sickness (as previously detailed) is also illegal • If someone is dismissed for any of the above reasons the employer will be obligated to reinstate the worker/employee
Sickness • Sickness means a medical condition that involves a temporary inability to work due to changes in health and or injuries • The inability to work can be partial and so must be assessed in relation to the type job the employee holds • Where the employee is undergoing specific therapies or is on a period of convalescence this is also deemed to be a period of sickness
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