Introduction
Sick leave is an essential aspect of labor rights, ensuring that employees can take time off to recover from illnesses without the fear of losing their jobs or income. In Italy, sick leave policies are governed by a combination of national laws, collective bargaining agreements, and employer-specific policies. This article delves into the intricacies of sick leave in Italy, providing a comprehensive overview for employees and employers alike.
Legal Framework
National Legislation
In Italy, the primary legal framework governing sick leave is established by the “Statuto dei Lavoratori” (Workers’ Statute) and the “Codice Civile” (Civil Code). These laws provide the foundational rights for employees regarding sick leave. Additionally, the Italian Social Security Institute (INPS) plays a crucial role in administering sick leave benefits.
Entitlement and Duration
Sick Leave Allowance
Employees in Italy are entitled to a sick leave allowance from INPS starting from the fourth day of illness. The first three days, known as the “periodo di carenza” (waiting period), are typically covered by the employer, although specific arrangements can vary based on collective agreements.
Duration of Sick Leave
The duration of sick leave that an employee is entitled to depends on several factors, including the nature of the illness and the employment contract. Generally, employees are entitled to a maximum of 180 days of sick leave per year. In some cases, especially for severe or chronic illnesses, this period can be extended.
Procedures for Sick Leave
Notification
Employees must notify their employer of their illness as soon as possible, usually within the first day of absence. This notification can be done via phone, email, or any other communication method specified by the employer.
Medical Certification
A medical certificate is required to validate the sick leave. This certificate, issued by a general practitioner or a specialist, must be sent to INPS electronically. The employee must also provide a copy to their employer.
Compensation During Sick Leave
INPS Payments
From the fourth day of illness, INPS provides a daily allowance to the employee, which is a percentage of their average daily wage. The exact percentage can vary but is typically around 50% to 66.67% of the regular salary.
Employer’s Contribution
During the initial three days of illness, the employer is responsible for paying the employee’s salary. Additionally, some collective agreements may stipulate that employers top up the INPS allowance to ensure the employee receives a higher percentage of their regular salary during the sick leave period.
Job Protection
Protection Against Dismissal
Italian labor laws provide strong protections against dismissal during sick leave. Employees cannot be terminated solely because of their illness. However, if an employee’s absence exceeds the maximum allowed duration of sick leave, the employer may have grounds for dismissal, provided that all legal and contractual obligations are met.
Collective Bargaining Agreements
Collective bargaining agreements (CBAs) play a significant role in defining sick leave policies in Italy. These agreements, negotiated between employers and trade unions, can offer additional benefits and protections beyond the minimum standards set by national laws. Employees should review their specific CBA to understand their rights and benefits related to sick leave.
