Generality
Optional maternity means a period of abstention from work which can be requested after the birth, assignment or adoption of one or more children or minors.
More correctly known as parental leave, optional motherhood - as can easily be deduced from its own name - is not an obligatory choice, but its request is at the discretion of the parent.
The optional maternity request can be made by working parents - natural, adoptive or custodians - according to the provisions of the current legislation. In fact, as will be seen in the course of the article, the duration of the leave, as well as the duration and the amount of the relative indemnity received during this period of abstention from work, may vary according to the category of workers to which the parents belong.
What is that
What is Optional Motherhood?
Optional maternity is a period of abstention from work which can be requested by the parent after the birth of one or more children, or after the adoption or assignment of one or more children . Indeed, after the birth of a child or after the entry into the family of a new minor member, whether adopted or entrusted, the parents may need a certain period of time to provide the new arrival (or newcomers) all appropriate care and attention.
The request for optional maternity leave, however, cannot be made by anyone, but only by workers who possess characteristics expressly indicated in the current legislation in force on the subject. At the same time, the duration of the period of abstention from work and the compensation received by the parent is also strictly regulated by law.
Can optional maternity also be requested by men?
The answer to this question is absolutely positive.
In fact, optional maternity, contrary to what one might think based on the common name used to define this period of abstention from work, can also be requested by the father . However, in this case talking about parental leave is definitely more appropriate.
Who's Up
Who can request Optional Motherhood?
The optional maternity request can be made by the working and dependent parents whose work relationship is in place at the time the leave is requested. However, there are some categories of workers who can apply for parental leave only if they meet specific conditions governed by current legislation. Below, some indications will be provided; however, for more information, it is always a good idea to apply directly to the bodies in charge throughout the national territory (such as, for example, the local INPS office - National Social Security Institute).
Workers and agricultural workers with a fixed-term work contract
Agricultural workers with a fixed-term employment contract can request optional maternity provided that very specific conditions are met, such as:
- If optional maternity is required in the first year of the child's life, the worker or worker must have worked for at least 51 days in agriculture in the year preceding the indemnifiable event.
- When optional maternity leave is required after the first year of the child's life, it is necessary that the working parents be registered in the lists of agricultural workers and that they have carried out at least 51 days of work in agriculture in the year preceding the request for optional maternity, or in the same year provided that all 51 days have been completed before the beginning of the period of leave.
Workers and Workers registered in the Separate Management
Workers and workers enrolled in separate management (a particular pension fund born with the law 335/95 reforming the same pension system) can request optional maternity only if:
- They are registered in the aforementioned separate management as project workers or similar categories ;
- They are registered as separate professionals, indicated in article 2 of law 335/95;
- They can claim at least 3 months of contribution in the 12 months taken as reference for the purpose of paying the allowance;
- There is a valid employment relationship in the optional maternity period;
- There is an actual abstention from work .
To obtain optional maternity, the workers or workers registered for separate management do not have to receive pensions and cannot be enrolled in other forms of compulsory social security.
Self-employed workers
Even self-employed workers can request optional maternity, provided they have paid the contributions for the month preceding the start of parental leave. In addition to this, in order for the request to be approved, it is essential that there be a real abstention from work.
Fathers who are self-employed, on the other hand, cannot take advantage of the period of parental leave.
When to apply for it
When can the Optional Motherhood be requested?
The mother can request optional maternity only after the end of the obligatory maternity period, ie a period of abstention from work which, by law, must be carried out by the woman. Usually, where possible, work interruption takes place between the end of gestation and the first months after birth.
On the contrary, the father can request parental leave even while the woman is on forced maternity leave, provided that the birth date is the day following the birth.
Normally, the request should be sent at least fifteen days before the start of optional maternity leave. In any case, the invitation to find out more in detail at the relevant institutions is renewed.
Did you know that ...
If they wish, mother and father can request and take advantage of the optional maternity period at the same time.
How long does it last
How long is optional motherhood?
The duration of the optional maternity as well as the period of time during which it is possible to receive the expected indemnity may vary according to the category of workers to which the parents belong.
Did you know that ...
Since the optional maternity period can put into crisis the production of some business realities, in some cases an attempt is made to discourage recourse to the period of parental leave by providing the parent with tools that help him to reconcile the work and the need to look after the own son.
Employees and Employees
For workers and employees, including agricultural workers with a fixed-term contract, optional maternity can be requested by natural parents no later than the first 12 years of the child's life .
The period of abstention from work can have a total duration between the two parents (optional motherhood of the mother + parental leave of the father) of a maximum of 10-11 months, depending on the case.
More in detail, optional maternity can be granted to the mother for a period - continuous or fractionated - not exceeding 6 months .
Parental leave, on the other hand, can be granted for a period of 6 months, extendable to 7 months if the same parent abstains from work for a period of not less than 3 months. Also in this case, all periods of abstention from work can be continuous or split, depending on the needs of each parent.
Parent only
In the case of a single parent, an employee, optional maternity leave can be granted for a period of up to 10 months .
Please note
The above is valid for natural parents as well as for adoptive parents or carers who are employees.
Therefore, optional maternity leave may be requested no later than the first 12 years from the entry of the minor into the family, regardless of the age it possessed at the time of adoption or assignment. However, the application cannot be made after reaching the age of majority (18 years).
Autonomous Workers - Workers and Workers Registered in Separate Management
For female workers and workers enrolled in separate management and for self-employed workers, optional maternity leave and the relative compensation can be granted for a maximum of 3 months within the first year of the child's life.
With regard to adoptive or foster parents registered in the separate management and for adoptive or self-employed foster mothers, optional maternity leave and the related allowance can be granted for a maximum of 3 months within the first year of the minor's entry into the family .
How much is perceived
What is the allowance for parents during optional maternity?
Also in this case, the amount of compensation received by parents during the optional maternity period may vary according to the category of workers to which they belong.
Nevertheless, it is possible to state - albeit in a somewhat approximate way - that the allowance received corresponds to 30% of the average income of the parent calculated on an annual or daily basis, depending on the case. For more information, we recommend contacting the relevant authorities.
However, it is good to point out that as regards parents who have a dependent job or a temporary work contract, indemnity during optional maternity can only be received up to the eighth year of age of the child (or from the entry of the minor into the family in the case of foster parents or adoptive parents); while from 8 to 12 years of age of the child (or from 8 to 12 years from the entry into the family of the child in the case of custody or adoption) no compensation is foreseen .
With regard to self-employed workers and working parents (both mothers and fathers) enrolled in the separate management, the problem does not arise, since the compensation is provided only for a maximum of three months within the year of the child's life, or within one year from the child's entry into the family in the event of adoption or foster care.
Please note
During the optional maternity period, holidays, as well as the thirteenth month, do not mature.
How to apply
How is Maternity Required?
Optional maternity leave can be requested directly from the INPS, depending on the case, electronically or by paper (more information can be found on the INPS official website).
Who is not up to
Who CANNOT request the Optional Motherhood?
Optional maternity leave, or parental leave if you prefer, cannot be requested by:
- Unemployed parents;
- Parents suspended from their work;
- Domestic workers;
- Home workers;
- Self-employed fathers.
Furthermore, it should be pointed out that - if during the optional maternity period the parent's employment relationship is lost - then even the parental leave is destined to end.
Possible Alternative
Conversion of Optional Maternity to Part-Time Work
For those who wish, the law allows - thanks to Legislative Decree 81/2015 - the possibility to request, for one time only, the transformation of the employment relationship from full-time to part-time . This transformation may be requested instead of the optional maternity leave, or within the limits of the parental leave possibly still due. In any case, the reduction of working hours in place of the optional maternity period cannot exceed 50%.
