Caring for a Family Member with a Disability: A Legally Protected Right
Balancing work with the care of a family member living with a severe disability is a daily challenge for thousands of Italian workers. Law No. 104 of 5 February 1992 — and in particular Article 33, paragraph 3 thereof — represents a fundamental instrument of protection: it recognises the right of an employee, in both the public and private sectors, to be absent from work in order to provide care to a person with a severe disability, provided that the person concerned is not admitted on a full-time basis to a residential care facility.
What many are unaware of is that such leave entitlements — traditionally conceived as full-day absences — may also be taken on an hourly basis, offering a degree of flexibility that frequently proves invaluable in the practical management of family life. In this article, LexGo guides you through the applicable rules, calculation formulas, and procedural aspects you need to know.
Who Is Entitled and for Which Category of Family Member
The right to take leave applies in respect of care provided to:
- Children with a severe disability;
- Spouses or civil union partners;
- Cohabiting partners;
- Relatives and in-laws within the second degree of kinship or affinity, and in specific circumstances up to the third degree of kinship or affinity.
The maximum entitlement is three days per month. Hours of absence are remunerated: the cost is borne by the INPS (National Social Security Institute), although the employer advances the relevant amounts through the payroll and subsequently recovers them from the Institute.
Fractional Use by the Hour: When and How It Applies
The option to take leave on an hourly basis — rather than as full-day absences — has been permitted since the Circular of the Ministry of Labour No. 161 of 3 December 1996. This option provides the employee with more granular management of their absences, allowing them to be tailored to actual care needs.
A crucial aspect, reaffirmed by the INPS in Circular No. 45 of 19 March 2021, concerns proportional recalculation: the conversion into hours must be carried out each time an employee intends to take leave — even partially — on an hourly basis. In practical terms, if in any given month an employee decides to use even a portion of their leave entitlement by the hour, the entire monthly hour bank must be recalculated in accordance with the INPS formulas, including any full-day absences already taken or planned within the same month.
No New INPS Application Required: Simply Notify Your Employer
There is welcome news on the administrative front: switching to hourly leave does not require the submission of a new application to the INPS, nor does it necessitate any amendment to an already approved application. It is sufficient to notify your employer accordingly.