> II Leave maternityà (obligatory abstention)

Prior to march 2000, the abstention from the pre-and post-partum had to be delivered in 5 months starting 2 months before the birth and the end of the 3 months after.

Since march 2000 è possible to choose between 2 options:

Scelta 1


  • 2 months prior to delivery
  • 3 months after delivery

Choice 2 (work up to the eighth month of pregnancy and prolong the abstention after birth.)

  • 1 month before delivery
  • the

  • 4 months after birth

NOTE: flexibilityà of the obligatory abstention può is a minimum of one day and a maximum of a month.

leave maternityà è the time period in which the worker employee has an obligation to refrain from work.

AND may not be USED for WORK, THE WOMEN:


  • during the two months preceding the presumed date of childbirth and the three following childbirth, except as provided by T. U. in relation to the flexibilityà.
  • the

  • if the birth occurs more than the presumed date, for the period elapsing between the presumed date and the delivery itself;
  • the

  • during the additional days not taken before birth if the birth occurs earlier than the presumed date, such days are added to the leave for maternityà after the birth.


The worker, before the start of leave for maternityà,
and in any case within the 7° month of gestation, must submit to the employer and to the Inps, the appropriate application accompanied by a medical certificate attesting to the month of gestation and the expected date of delivery.

as A result of childbirth and within the thirty days by the same, to take advantage of the rights provided, the employee must altresì send to the employer and to the Inps the birth certificate of the child or the substitutive declaration pursuant to art. 46 of Dpr 445/2000 (self-certification).

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With the letter in hand you must report the birth to the Office of professional stuff to take advantage of the tax deduction for dependent children and to require the provision of family allowances, if you are entitled to.

The delivery date is counted in the period of maternity leaveà before the birth.

Last update: may 2012 by the lawyer. Laura Marino