From 1° April 2012 authorization, early leave from work for maternityà è divided
between the Asl and territorial management of the Work.
Asl avrà – competence in the case of serious complications of pregnancy or pre-existing forms of disease that it is assumed could be aggravated by the state of pregnancy.
instead, Remains the same, and always attributed to the responsibility of the Direzioni Territoriali del lavoro, the investigation and the issuing of orders of interdiction “when the working conditions or the environment are deemed to be prejudicial to the health of the woman and of the child” and “when the worker can’t be moved to other duties”.
Postponement of the leave for maternityà
If the worker is involved in work that is unhealthy and cannot be used for other tasks, is granted an extension of the compulsory leave of up to 7 months after the birth.
Flessibilità del congedo di maternità
Leaving unchanged the duration of the leave maternityà for a period of five months, art. 20 of the T. U. provides for women in the facultyà to be absent from work during the month prior to the presumed date of childbirth and in the four months after the birth. To be able to use it is necessary that a gynecologist of the health care system and the physician competent for the prevention and health in the work places certifying that this option is not detrimental to the health of the expectant mother and the unborn child.
The flexibilityà of the obligatory abstention può is a minimum of one day and a maximum of a month.
The amount of flexibilityà, even when è già was granted, with può be subsequently reduced (thereby extending the period of abstention ante partum period you initially requested), specifically, at the request of the worker or implicitly, to events that have occurred.
The disease which will intervene during the eighth month of pregnancy is considered to be maternity leaveà as the disease itself represents an impediment to flexibilityà leave maternityà (circular) Min. Lav. and Prev. Limited n° 43/2000
The question of flexibilityà should be presented within the seventh month of pregnancy to the employer and to the Inps.
This application must be accompanied by:
- the normal template for the request for leave for maternityà.
- declaration of a competent physician attesting to the absence of risk situations. For sectors in which there is the obligation of the presence of the doctor, and the declaration of the company of not obbligatorietà of the presence of the “competent physician for the purposes of the prevention and protection of health in work places”;
- certificate of the gynecologist of the health care system or an arrangement in which, in the case of the absence of the competent physician referred to in paragraph 2, the specialist must also express, on the basis of the information provided by the worker on the activitiesà carried out, an evaluation about the compatibilityà of the tasks and of the related modeà of course, for the purposes of the protection of the health of the expectant mother and the unborn child.
Last updated may 2012 by the lawyer. Laura Marino