Types of leave and absences
Maternity leave / Maternità
Paternity leave / Paternità
Parental leave / Congedo parentale
Illness communication / Malattia
Vacation / Ferie
Mourning leave / Lutto Unpaid leave / Permessi non retribuiti
Reduced working hours / ROL
Ex-Festivity leave / Permessi Ex-Festività
Blood donation leave / Permesso per Donazione
Election leave / Permesso per elezioni
Special tests leave / Test speciali
Marriage leave / Congedo Matrimoniale
Prenatal checks leave / Permessi Visite PRENATALI
Study leave / Permesso Studio
Breastfeeding leave / Permessi Allattamento
104 leave / Permesso 104
Disability care leave / Permessi cure invalidi (D.lgs. 119/2011)
Strike leave / sciopero
Child’s illness / Malattia del figlio
Mandatory maternity leave / maternitàMaternity leave in Italy is a fundamental right for female employees to safeguard their health and that of the unborn child. It is divided into different phases and types, guaranteeing paid absence from work and job preservation.
This is the most important and non-negotiable period of leave for the working mother. In total, it lasts for 5 months. Generally, the period is divided into 2 months before the expected due date and 3 months after childbirth. Mothers can choose to postpone the start of her leave, working closer to the birth date, as long as the appropriate health conditions are met. The two main options are: 1 month before and 4 months after the birth or 5 months entirely after the birth.
Contribution Requirement: To be eligible for the maternity benefit, a female worker must generally have at least 180 days of contributions paid in the year preceding the start of the leave. This requirement applies to most categories of employed female workers.
Communication to Unguess: You should inform us about your exact leave period and provide a copy of the medical certificate of pregnancy. Mandatory maternity leave does not require any approval, indeed, it is a right established by law and a duty for the employer.
Go on Factorial → Add justification → Type of justification → Upload document and select dates of absence
Please, also remember to upload the relevant documents in the “justification for absence” folder in “my documents” section.
The doctor is responsible for electronically submitting the pregnancy certificate to INPS. This document certifies your condition and includes the estimated birth date. Once submitted, the doctor will give you a receipt with an identification number (or protocol number). Afterwards, the employee must use this number to complete and submit their maternity application to INPS. This is the key step that activates the procedure. The identification number serves to link your application to the medical certificate already uploaded in the INPS system. The application must be submitted before the start of maternity leave (i.e., before the leave date, which is usually 2 months before the birth date). However, it is possible to submit it up to one year after the end of the compensable period.
Within 30 days of the baby's birth, the worker must inform INPS of the actual birth date and the newborn's details. This communication updates the file and allows for the precise calculation of the 3-month postpartum leave period. During maternity leave, the worker receives an economic allowance: INPS pays 80% of the average daily salary, many CCNL stipulate that the employer supplements the INPS portion to reach 100% of the salary. The application for maternity leave must be submitted to INPS electronically. It must be submitted before the start of the leave period and in any case no later than 1 year from the end of the compensable period.
Mandatory paternity leave / paternitàIt is a period of 10 working days (not divisible into hours and can be taken non-consecutively) that can be used from 2 months before the expected due date until 5 months after the birth of the child. It is paid entirely by INPS and is equal to 100% of the salary. Days can become 20 in the case of a multiple birth. For the mandatory paternity leave, the current legislation establishes that specific contribution requirements are not necessary. You don't need authorization; you simply have to notify us about the days you intend to take the leave. This notification must be given at least 5 days before the start of the leave. It is not needed to submit an application to INPS; a written notice to Unguess is sufficient. We will ask you for a copy of the birth certificate or certificate of attestation of the child's social security number.
Go on Factorial → Add justification → Type of justification → Upload document and select dates of absence Please, also remember to upload the relevant documents in the “justification for absence” folder in “my documents” section.
Parental leave / congedo parentaleThis is a voluntary period of leave from work that can be used by both parents after the birth of the child. Its purpose is to allow parents to take care of their child during their early years. Parents can use it even simultaneously. Combined, parents are entitled to 10 months of leave, which can be extended to 11 months if the father takes at least 3 continuous or split months. This period can be split up. Basically, the mother can take up to a maximum of 6 months. The father can take up to a maximum of 7 months.
A minimum contribution requirement is not needed to access the leave. It is mandatory to give us a written notice in order to take the leave. The minimum time frame is typically 5 days. After you've submitted your parental leave application to the INPS online (via the website, Contact Center, or Patronato), the INPS system generates a receipt or an acceptance document. Although the INPS electronically notifies us that your application has been accepted, your communication is essential to ensure the correct management.
Go on Factorial → Add justification → Type of justification → Upload document and select dates of absence Please, also remember to upload the relevant documents in the “justification for absence” folder in “my documents” section.
Parental leave is a worker's right; we can not deny your request, as long as you respect the established procedures and timeline. Currently, the law provides for an allowance of 30% of the salary, with the exception of one (or two, depending on the regulations) month paid at 80% that can be used by either parent. This leave can be requested up until the child's twelfth birthday. You can find more information about parental leave here: https://www.inps.it/it/it/dettaglio-scheda.it.schede-servizio-strumento.schede-servizi.50583.indennit-di-congedo-parentale-per-lavoratrici-e-lavoratori-dipendenti.html
Illness Communication / malattiaIn all cases in which you are unable to work for health reasons, you must activate the “sickness” procedure.
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You must notify your team/manager (it would be a good habit to also change your status on Slack in order to inform your colleagues);
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Inform your general doctor of your health status and have a medical examination; if it is a public holiday or pre-holiday, you have to go to the medical guard. Your general doctor is in charge of telematically sending the certificate to INPS and giving you the certificate's protocol number, namely PUC (Protocollo Unico del Certificato).
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Enter the certificate and the protocol number received from the doctor in Factorial; go in your personal section and click on “Absence”, then add your justification and follow the process. Go on Factorial → Add justification → Type of justification → Upload document and select dates of absence Please, also remember to upload the relevant documents in the “justification for absence” folder in “my documents” section.
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During the illness, the worker is required to remain at his home (or the address indicated in the certificate); during specific time slots you could be visited by the INPS doctor in order to check your status.
The availability ranges are: 10 am to 12 pm and 5 pm to 7 pm. Unjustified absence during these bands may result in penalties, including loss of sickness benefit. If the disease continues beyond the prognosis end date, the worker must return to the treating doctor in order to obtain a new certificate of continuation of the disease. However, if the worker recovers earlier than expected and wants to return to work, he must obtain a medical certificate that corrects the initial prognosis, always sent electronically to INPS.
Vacation / ferieIn the National Collective Bargaining Agreement (CCNL) for Commerce, Tertiary and Services, employees are entitled to 26 paid days of vacation per year.
The law stipulates that at least two weeks of leave must be taken in the year they are accrued, and the remaining two weeks must be taken within 18 months from the end of the accrual year.
Part-time employees are entitled to the same number of leave days as full-time workers, but the paid leave hours will be proportional to their working hours.
Vacation days accrue monthly in equal shares. Every month worked, an employee accrues 2.16667 days of vacation (result of 26 annual days divided by 12 months).
Vacation days are a constitutional right for workers (Art.36 Cost.), aimed at restoring physical and mental energy and promoting personal development. Taking holidays is mandatory, and the employer can not monetize vacation (Unguess can not pay you for the unused vacation), except in specific cases, such as the termination of the employment relationship.
Vacation days are paid as if you had worked regularly. Essentially, you receive your normal salary.
The vacation entry appears on the pay slip and it simply replaces worked hours with leave hours, maintaining the same salary amount. The pay slip will show the balance of leave accrued, taken, and remaining, which is updated month by month.
You don’t need to produce documentation for taking holidays, instead, you will have to line up with your management and your team in order to better organize work agenda. You will need authorization from your manager, as the leave period has to be approved.
Go on Factorial → Add justification → Type of justification → Select dates
Mourning leave / permesso per luttoThe right to mourning leave is a right established by Law No. 53/2000. This law sets a guaranteed minimum of 3 working days of paid leave. Please, note that for our CCNL you are entitled to 3 days for each single mourning event.
The law refers to working days, which means that public holidays or days you don't work (for example, weekends) are not included in the count. If the mourning event occurs on a Friday and you don't work on Saturday and Sunday, the three days to be taken will be Monday, Tuesday, and Wednesday. The leave days should be used within 7 calendar days from the bereavement day. We will ask you for a self-certification document in which you attest the name and surname of the family member, the date and place of death, the degree of kinship between you and the deceased. The law recognizes as family members: spouse or stable cohabitant, relatives up to the 2nd degree, relatives by marriage up to the 1st degree.
Go on Factorial → Add justification → Type of justification → Upload document and select dates of absence
Unpaid leave / permessi non pagatiUnlike paid leave, unpaid leave is a period of time in which the employee does not go to work and during which he does not receive his salary. The employer can deny the leave request depending on specific organizational requirements or if the employment contract refers to a short period of time. Generally speaking, the spectrum is quite broad, as the employer is not required to pay for the employee's hours of absence. You can read this guide in order to understand what type of unpaid leave you could be entitled to: https://factorial.it/blog/permessi-non-retribuiti-quanti-giorni/#cosa
E.g. After a mourning leave (3 days) the employee can request 2 more days of absence, but these 2 days are not paid.
Art. 169 CCNL Commercio - Family-related leave for serious reasons: "[...] The worker, including an apprentice, is entitled to a period of leave for the serious family reasons explicitly indicated by the aforementioned legal provisions [...]" "This leave, which can be taken continuously or intermittently, may not exceed two years over the entire working life. During this period, the employee retains their job, is not entitled to pay, and may not perform any type of work. The leave is not computed for seniority." E.g. You enroll in a specialization course held during working hours for 200 hours. After you have used up your 150 hours of paid leave (Study leave), you can ask for unpaid leave for the remaining 50 hours.
Art. 172 CCNL Commercio - Training leave: "[...] workers who have at least four years of service with the same company can request a suspension of their employment for training leave for a period not exceeding eleven months, which can be continuous or intermittent, over their entire working life." For the unpaid leave, it is not required to deliver specific documentation. We will ask you to describe the reason and specify dates of absence with a self-declaration document. You should also specify if the absence refers to working hours of working days.
Go on Factorial → Add justification → Type of justification → Upload document and select dates of absence
Reduced working hours / ROLThe “ROL” (reduction of working hours) are rests that are granted to the worker, aimed at recovering energy and which can be taken without the pay on the pay slip being reduced.
They are calculated by the hour (and not by the day, like holidays) and are regulated by the CCNL (national collective labor contracts). For companies like Unguess with 15 or more employees, the number of ROL per year is equal to 72 hours (6 hours per month). However, there are exceptions: in the first two years of the contract, employees only accrue ex-festivity permits (32 hours per year), while in the third and fourth year of work they are entitled to 50% of the ROL permits due (36 hours). From the fifth year of service onwards: Full maturation of ROL is achieved (72 hours). If you combine ROL hours with Ex-festivity hours (32 hours per year) the total amount of hours you could be entitled to after the fifth year is equal to 104 hours. Following this reasoning, during the third and fourth year of work, you are entitled to a total of 68 hours of permits (32 Ex-fest hours, 36 ROL hours).
NOTE THAT: From the third year onwards, you will accrue 3 ROL hours per month. From the fifth year onwards, you will accrue 6 ROL hours per month.
ROL doesn’t need you to provide a reason, because they are considered permits for personal reasons. In order to ask for an absence by using your ROL hours, you have to follow the procedure on Factorial.
Go on Factorial → Add justification → Type of justification (ROL) → Select dates of absence
Ex-Festivity leave / Permessi Ex-FestivitàPermits for former holidays are a type of paid leave that is granted to workers to replace some civil and religious holidays which, in the past, were national holidays but which have been abolished by Law no. 54/1977. To give context, these holidays were:
March 19: Saint Joseph. Ascension: 39° day after Easter. Corpus Christi: 60° day after Easter. 4 November: National Unity Day
Permits for former holidays amount to a total of 32 hours per year, which corresponds to 4 working days (8 hours x 4 days). Note that each month, you will accrue 1/12 (2,66 hours) of the hours of Ex-fest leave to which you are entitled over the course of the entire year. If you start working in the middle of the year, your entitlement to ex-fest hours accrues in proportion to the actual months worked until the end of the year.
You won’t be asked for specific documentation, as Ex-Festivity is a paid leave granted to workers and doesn’t need justification. But please keep in mind that they must be requested with some notice and, like ROLs, the management can approve or deny them based on organizational needs.
Go on Factorial → Add justification → Type of justification (Ex-fest) → Select dates of absence
Blood donation leave / permessi per donazione di sangueLaw 584/1967, supplemented by Law No. 219/2005 establishes that employees who donate blood or blood components (such as plasma) are entitled to one paid day off. This leave is valid for the entire day on which the donation took place, regardless of the time it was performed. You will be asked to provide the certificate of donation, issued directly by the hospital or healthcare facility where the donation was made. The INPS provided a checklist of the requirements that legitimize the use of the paid daily permit: Minimum quantity donated: at least 250 grams; Mandatory data to be reported in the certificate are tax code of the structure, donor's personal details, gratuitousness of donation, day and time of withdrawal.
Go on Factorial → Add justification → Type of justification → Upload document and select dates of absence
Election leave / permesso per elezioniCCNL Commercio does not specify rules related to election leave; but according to Law during election consultations, a worker who fulfils specific functions within the constituency is entitled to be absent from work for the entire period corresponding to the duration of the voting and counting operations. The employee has the right to be absent from his place of work for the entire duration of the operations (and therefore from the operations of setting up the polling station and until the end of the counting operations). Such days of absence from work are considered to all intents and purposes days of work activity. You can find more information here: https://www.wikilabour.it/dizionario/congedi-permessi-ferie-festivita/permessi-elettorali/
Please note that the act of going to the polling station to vote does not entitle you to a paid permit.
In order to utilize this specific type of permit, you will be requested to upload the certificate of appointment and, subsequently, a certificate from the President of the polling station certifying the actual days and hours of presence.
Go on Factorial → Add justification → Type of justification → Upload document and select dates of absence
Special test leave / test specialiSpecial test leave is a type of leave referring to night work. In order to request it you have to Go on Factorial → Add justification → Type of justification → Select morning or half day Please remember to fill in the description form with the activity performed. Marriage leave / Congedo Matrimoniale Marriage leave is a right granted to all employees for their marriage or civil union. The employee is entitled to a 15-day period. This period can not be split up and includes public holidays and working days Marriage leave must be requested within 45 days from the date on which the marriage was contracted. The leave can begin from the third day before marriage.
Art.170 CCNL commercio - Marriage leave: “A worker who is not in their probationary period is entitled to 15 calendar days of special leave for marriage. Subject to the company's needs, the employer must grant the special leave starting from the third day before the wedding ceremony. At the end of the leave, the worker is obligated to show the employer the official documentation of the marriage. During the period of special marriage leave, the worker is considered to be in active service for all purposes, retaining the right to be paid. [...]” You could be asked to deliver a substitute declaration (for example, a certificate issued by a religious authority or a declaration from the Municipality) which must then be replaced as soon as possible with the official certificate. This type of leave may also be requested for a second marriage.
Go on Factorial → Add justification → Type of justification → Upload document and select dates of absence
Prenatal checks leave / permesso per visite prenataliConsolidated Law on Maternity and Paternity, Legislative Decree No. 151/2001, Article 14: “1. Pregnant employees are entitled to paid leave for prenatal examinations, clinical tests, or specialist medical visits if they must be performed during working hours. 2. To use the leave mentioned in paragraph 1, employees must submit a specific request to their employer and subsequently provide the relevant supporting documentation attesting to the date and time the examinations were performed.”
This type of leave is granted to carry out prenatal examinations or specialist medical examinations, provided that these must necessarily be carried out during working hours.
Permits are fully paid and there is no limit on hours/days. Indeed the law does not establish a maximum number of permits that can be requested. The female employee is entitled to all necessary permits for pregnancy-related visits. You have to present a medical certificate showing the date and time of the visit after you attended it. In order to request this type of permit, you should produce a written temporary declaration. It is not necessary to provide specific medical details in advance.
Go on Factorial → Add justification → Type of justification → Upload document and select dates of absence
Study leave / Permesso StudioPaid leave for study reasons is a right granted to employees in order to promote their training and professional upliftment. The relevant legislation in Italy is the Workers' Statute (Law No 300/1970, Article 10) and it is supplemented by Art. 171 CCNL Commercio. Art. 171 CCNL Commercio – Right to education: “Workers will be able to apply for paid leave for a maximum of 150 hours per person over a three-year period and within the limits of a global number of hours for all employees of the production unit which will be determined at the beginning of each three-year period. [...]”
The 150 hours are intended for attendance at courses of study to obtain legally recognized qualifications, such as:
Secondary school diploma (upper and lower). Degree (three-year or master's degree). University Masters. Professional qualification courses.
Please note that evening or telematic courses that can be attended outside working hours are not included. You can not as well ask for this type of leave if you are in probation period.
We will ask you to submit the course enrollment certificate and eventually certificates of attendance and/or passing of the exams. We kindly ask you to upload all your certificates related to your role in your “attestations”/”education” folder in the “my documents” section on Factorial. Study leave must be approved by your management. The maximum number of employees who could be entitled to study leave is 3% of full-time and permanent workers. A fixed-term contract employee could be entitled if the employment relationship is continuous enough to justify taking the leave.
Go on Factorial → Add justification → Type of justification → Upload document and select dates of absence
Breastfeeding leave / Permessi per allattamentoThe employed mother is always entitled to permits, provided that she has completed the period of compulsory maternity leave. You do not need approval in order to benefit from breastfeeding leave but you will have to inform your management by opening an absence request on Factorial. If your working time is equal to or greater than 6 hours daily you are entitled to 2 hours of rest per day, otherwise you are rightful for 1 hour per day. Mind that, in case of multiple births the hours of rest are doubled.
Legislative Decree No. 151 of 26 March 2001, Art. 39 Daily Rest Periods for the Mother:
“1. The employer must grant working mothers, during the first year of the child's life, two rest periods (hours), which can also be combined during the day. Only one rest period is granted when the daily working hours are less than six. 2. The rest periods referred to in paragraph 1 are one hour each and are considered working hours for the purposes of work duration and pay. They entitle the woman to leave the company premises. [...]”
Go on Factorial → Add justification → Type of justification → Select “half day” → Morning/Second half day Mind that, this permit can be used by the father ONLY if the mother does not work or does not use it.
104 leave / Permesso 104Paid leave related to Law 104/1992 is a fundamental right in Italy that allows employees to assist family members with serious disabilities or to use these permits for themselves as well, if they are seriously disabled.
This right is managed by INPS: https://www.inps.it/it/it/dettaglio-scheda.it.schede-servizio-strumento.schede-servizi.50098.indennit-per-permessi-fruiti-dai-lavoratori-per-assistere-familiari-disabili-in-situazione-di-gravit-o-fruiti-dai-lavoratori-disabili.html
Permits are directed to:
Workers with serious disabilities; Parents of children with severe disabilities; Spouse, common-law partner, relatives or related persons within the second degree of persons with severe disabilities;
104 leave guarantees three days a month, which can be taken in a split hourly manner or continuously. Permits are fully paid. The allowance is covered by INPS but is paid in advance by the employer.
The person applying for or for whom permits are applied for must be in a situation of “serious disability” (Comma 3, Art. 3, Law 104/1992). Employees should provide the invalidity report (omitting clinical details, "OMISSIS").
Another requirement is that the person to be cared for is not admitted full-time to hospital facilities.
The employee must submit a specific application to the INPS. The submission receipt alone entitles the employee to the leave, even before the company receives the formal approval. The employee can apply through a patronage, which will also verify whether the requirements for the 104 application are met.
Employess need to provide the INPS receipt and provide the protocol number once when requesting the absence.
Go on Factorial → Add justification → Type of justification → Upload document/protocol number and select date of absence
Disability care leave / Permessi cure invalidi (D.lgs. 119/2011)This type of permit is related to specific therapeutic and specialist treatments (e.g. physiotherapy, chemotherapy).
To benefit from leave for medical treatment, the employee must provide a request from a doctor affiliated with the National Health Service (SSN) or from a public health facility. This request must certify the necessity of the treatment in relation to the employee's recognized disabling condition.
The employee must provide the documentation for the visits or treatments—including the specific date and time—to each individual absence request. If you choose to request the absence, you have to upload the aforementioned specific documentation when requesting the related justification on Factorial.
Employees eligible for this type of leave are entitled to it every year for a period not exceeding 30 days, which can also be taken intermittently. These 30 days are paid by the employer. The pay is calculated under the sick leave regulations; however, they do not count toward the comporto period, which is the annual cap on sick leave days. Please note that this leave remains the responsibility of the employer, who covers the costs for these days of absence according to the aforementioned sick leave rules.
Legislative decree 119/2011, Art. 7, Disability care leave: “1. [...] mutilated and disabled civilian workers who have been recognized as having a reduction in working capacity of more than fifty percent can benefit every year, even in a split manner, of care leave for a period not exceeding thirty days.”
"3. "During the leave period, which is not included in the comporto period, the employee is entitled to receive pay calculated according to the economic regulations for sick leave. The worker is required to properly document that they have undergone the treatments. In the case of workers undergoing continuous therapeutic treatments, a cumulative certification may be provided to justify the absence."
Go on Factorial → Add justification → Type of justification → Upload mandatory documentation and select dates of absence
Strike leave / scioperoIn Italy, the right to strike is a fundamental right guaranteed by article 40 of the Constitution. The "permit" does not exist as there is no formal "permit" procedure to ask the employer. The worker abstains from work by exercising his constitutional right. You do not have to submit documentation to request permission, but you have to notify the employer of your intention on participating in a strike.
The only legitimate consequence for the striking worker is the suspension of wages for the hours or days of abstention from work.
Go on Factorial → Add justification → Type of justification → Select date/hours of absence
Child’s illness / Malattia del figlioIn the event of the child's illness, the mother or father can take advantage of an unpaid leave period:
Until the child reaches the age of 3: the permit can last for the entire duration of the illness
From 3 to 8 years of age (including the day of reaching 8° years of age): the permit lasts for 5 working days per year
You must present a regular illness certificate issued by the doctor/pediatrician certifying the child's illness
Go on Factorial → Add justification → Type of justification → Upload document and select dates of absence