> Parental leave (optional leave): questions and answers

If the mother and father were not married and not cohabiting, the mother is entitled to 10 months of parental leave as a single parent?

Only if the child is entrusted exclusively to the mother, on the basis of a formal measure.

If the mother is on parental leave and sick può ask to suspend the parental leave?

You, the mother, presenting the necessary documentation, può ask for the transformation of the title of the absence.

for The employer, può rely on the business requirements to the granting of leave?

No, you can find the criteria and the modeà, but only as a result of collective bargaining, not as a unilateral decision of the employer.

The 15-day notice are to be understood as calendar days or as days actually worked?

The law does not specify in the absence of the provisions of the collective agreement, it could be argued that it is calendar days.

If the mother has già took 6 months of optional leave in the course of the 1° the year of the life of a child, può absence of other more months?

without prejudice to any entitlement to paid leave for the illness of the child, the mother who has già used 6 months of optional leave, is not entitled to additional months of parental leave, unless in the meantime become “parent” under the law, in which case he has the right to integrate the absence of up to 10 months (he has the right to a further 4 months).

Go toò be kept in mind that for «single parent» is the Unique Text on the maternityà means the parent who is alone because the other parent is dead, has abandoned the child or has not recognized or becauseé following a decision of the competent authorityà son è was assigned to only one of the parents

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Può the mother use the 4 months parental leave for the father following, subject to waiver of these?

No. The law provided for an original right to parental leave for the mother and for the father, employed. This means that the months of parental leave residue can be enjoyed only by the father and are not transferable to the mother, who continues to be able to enjoy to the maximum of 6 months

the parent has The right to leave even if the child is not; a partner?

From when the father has the right to use parental leave

The father of può use  leave the parental from the moment of the birth of the child, and thereò apart from the fact that the mother is or is not on a leave of absence for maternityà.

parental leave può be used simultaneously by the pair of employed persons?

You. And it is possible that the father uses the leave and the mother’s rest times of the day, but beware, the reverse is expected.

for The employer, può to refuse to grant the period of parental leave requested with a regular notice?

No. Finchè non interverrà collective bargaining, as indicated by the law, to adjust the criteria and the modeà of the use of the leave, just the request.

Può the employer deny a parental leave, where the request was not delivered within the 15 days provided?

You, unless you can prove the objective impossibilityà.

How to calculate the period of parental leave?

The period può also be used frazionatamente. The law does not indicate a minimum period, but between one period and another to leave, there needs to be a return to work. The non-working days and holidays (Saturday and Sunday) included in the period of the leave, shall be counted in the calculation of the absence.

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If you requested a leave of absence for a period of time from Mondayì to Fridayì, the Saturday is not a business day, how many days of leave?

You calculate all the days until the return to work.

può ask for a day off in the week?

Yes, &it is best to agree with the employer if the notice is given settimama for a week or a single time for a reasonable period of time. the

At the end of the parental leave, before returning to work, the parent può make use of a period of leave?

You, unless, of course, agree with the employer because, in this case, apply the rules contratuali related to holidays.

Last update: may 2012 by the lawyer. Laura Marino