> Maternityà and the anticipation of the severance indemnity provision (TFR)

for The purposes of the economic support during the period of use of parental leave art. 5 of the Text Only provides that the worker and the worker indefinitely can request the anticipation of the treatment of the end of the report.

With circular no. 65/2000, the Ministry of Labour and P.S. also introduces you to the absence due to illness of the child among the cases eligible for access to the advance payment of severance pay on the part of the subordinate workers of the private sector.

It follows that these two hypotheses (parental leave and the child’s illness) are to be added to those so far provided by art.2120, 8°paragraph, of the Italian Civil Code with regard to the advance payment of severance pay.

Even for this advance, you apply the rules and conditions laid down by the civil code. Therefore, in order to access the benefìthat are required:


  • a anzianità of the service with the same employer for at least 8 years of age;
  • the containment of the advance by 70% of the TFR.
  • the ability to get the anticipation only once in the course of the employment relationship;
  • the

  • annual limit of 10% of the eligible and however, 4% of the total employees.

Are without prejudice to any clauses of best favour established by the collective bargaining of the category, and company.

The advance is paid together with the salary for the month preceding the start date of the leave and the applicants will be required to strictly comply with the terms of the notice (15 days) to allow the company to comply with the standard.

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The legislation, however, does not specify what documentation should be produced in support of the request of the anticipation and, therefore, è sufficient to indicate the start date of the leave that you intend to request.

In relation to the quantification of the amount of the treatment to be liquidated, you must consider the function of integration of remuneration and financial support for the performance of the parental function.

The request to the economic employer is then proportional to the integration of the pay. If you believe that the costs are in excess of the amount of the compensation is not paid, you will haveà to provide the relative evidentiary documentation.

The advance of the TFR può be required only once even in case of use the fractional of the parental leave. in Fact, the legislation on severance pay, it is not; modified by the T. U.: you are only as added “incentive” to access the advance than those originally foreseen by the law.

art. 5 of the T. U. also provides for the possibilityà to include in the statutes of the supplementary pension – referred to in the legislative decree of 21 April 1993, no. 124 and subsequent amendments – that the institution of the anticipation of the tax position gained, with the facultyà to return.

June 2007