Generality
Early maternity means a period of abstention from work which begins before the statutory period of compulsory maternity leave.
The request for early maternity can be made by all working women in both public and private sectors ; however, the application is approved only if the bases - determined by the law in force - to allow an interruption of work ahead of time exist. Furthermore, the conditions that must be respected may vary depending on the category of workers to whom the pregnant woman belongs.
In the course of the article the principal information will be supplied regarding the anticipated maternity and to the modality with which it is possible to demand it. However, for more detailed information on this, it is advisable to contact the local INPS office (National Social Security Institute), the ASL or the patronage organizations present in your area of residence.
Please note
Early maternity should not be confused with compulsory maternity (or maternity leave) and with optional maternity leave (or parental leave).
What is that
What is Early Maternity?
As mentioned, early maternity leave is a period of leave from work whose start is anticipated compared to what is provided for by the law for "ordinary" maternity leave.
According to current legislation, in fact, the expectant mother is required to respect the so-called compulsory period of maternity between the end of gestation and the first months after birth. More precisely, the pregnant woman usually works until the 8th-9th month of gestation and then abstain from work until the time of birth and for the next 3-4 months, for a maximum total of 5 months . Early maternity, on the other hand, provides - upon presentation of adequate demand and consequent acceptance by the appointed bodies - the leave from work before the aforementioned terms, provided that certain conditions exist which will be better specified in the course of the article.
Who's Up
Who can apply for Early Maternity?
The request for early maternity can be made by working women belonging to different contractual categories. In detail, the request for early leave can be made by:
- Employees in the public and private sector, including agricultural and domestic workers;
- Workers with occasional employment relationships and workers with project contracts ;
- Associated female workers in participation ;
- Professional free workers;
- Self-employed women registered in the separate management (a particular pension fund born with the law 335/95 for the reform of the pension system itself).
As will be seen in the following chapter, professional female freelancers and self-employed female workers enrolled in separate management can request optional maternity leave only in the case of pregnancy at risk for complications or morbid conditions.
When it is up
When is the Early Motherhood?
Early maternity is the responsibility of pregnant women who are in very specific conditions governed by the legislation currently in force in this regard.
In detail, early maternity leave can be granted - on the basis of medical checks carried out by the NHS - in the following situations:
- When there are serious complications of pregnancy and / or there are pre-existing morbid forms that can be aggravated by the state of gestation (risky pregnancy).
- When the pregnant woman 's working conditions, including environmental conditions, can affect the health of the woman or child .
- When the expectant mother carries out work of transport and lifting weights and / or when she carries out a dangerous, tiring and unhealthy job and cannot be moved to other tasks compatible with the state of pregnancy.
Please note
For self-employed workers and female workers enrolled in separate management, early maternity leave can be granted only if the condition set out in point 1 of the above list is met. For this category of female workers, therefore, early maternity leave is not recognized in the case of working and environmental conditions that can affect the health of the woman or child and even less in the case of strenuous, unhealthy and dangerous jobs.
Early Maternity in Case of Premature Childbirth
Clearly, early maternity leave is also granted in the event of premature birth, or when the birth of the child takes place before the 8th month from which the period of mandatory maternity leave should theoretically begin.
Request
The request can be made, again as the case may be, by electronic means, by paper or by contacting local patronages .
In any case, the method of request and the person who must carry it out may vary according to the reason why it is necessary to request maternity leave in advance.
Serious Pregnancy Complications and / Pre-existing Morbid Conditions
In the event that the anticipated maternity leave is required due to the presence of serious pregnancy complications and / or due to the presence of previous morbid conditions that can be aggravated by the pregnancy itself (point 1 of the above-mentioned numbered list), the worker must apply through the presentation of a series of documents. The latter must be delivered to the inspection department of the competent labor inspectorate based on their habitual residence. Going into more detail, the worker must send:
- Application for early interdiction from work .
- Medical certificate of pregnancy . This certificate must be drawn up by the doctor of the ASL (Azienda Sanitaria Locale). In the event that the certificate is drawn up by the general practitioner or by a doctor other than the ASL doctor, both the employer and the INPS have two alternatives: they can accept the certificate, as they can require the worker to regularize the situation by contacting the Local Health Authority.
- Medical certificate of the gynecologist attesting to the presence of serious complications and / or pre-existing morbid conditions that are presumed to be aggravated by pregnancy. This certificate should be issued by a gynecologist accredited by the National Health System (SSN), if this is not the case, further checks by the competent ASL are required.
Please note
In order to guarantee the acceptance of the anticipated maternity request in case of serious complications and / or pre-existing morbid conditions, the ASL certificate is ALWAYS necessary . Indeed, the medical assessment carried out by the ASL constitutes a binding technical document for the labor inspectorate for the issuing of the provision in favor of the early leave. In other words, if the ASL attests that the pregnancy is at risk, the labor inspectorate is obliged to grant early maternity.
After the documentation has been delivered, a copy will be issued to the expectant mother in duplicate . One of the two copies must then be handed over by the woman to the employer.
Generally, the inspection department of the Labor Inspectorate issues the provision in favor of the request for anticipated maternity - subject to medical and health verification by the NHS - within seven days, starting from the day following that on which the documentation was received.
Unsuitable working and environmental conditions and tiring, unhealthy or dangerous work
In the case in which the anticipated maternity is necessary for the presence of working and environmental conditions detrimental to the health of the woman and the child, or if it is necessary due to heavy, tiring, unhealthy and / or dangerous works (points 2 and 3 of the numbered list reported in the previous chapter), the request can be presented either by the pregnant woman herself or by the employer .
Also in this case, usually, the inspection service of the labor inspectorate issues the provision in favor of the request for anticipated maternity within seven days, starting from the day following that on which the documentation was received (request for early interdiction from work and pregnancy certificate must always be presented).
Did you know that ...
During early maternity, the woman is not subject to a medical examination for tax purposes and can therefore be considered free to leave at any time of the day. However, in the middle of the 7th month of gestation, it is still necessary to submit the application for compulsory maternity, whose duration is 5 months.
Nevertheless, in the event of work or environmental conditions deemed detrimental to the health of the mother or child and in the event of the impossibility of transferring the woman to other duties, the territorial labor inspectorates may adopt the so-called deferred interdiction measure until 7 months after giving birth .
Premature birth
The request for early maternity leave in the event of premature birth (before the 8th month) must be presented by the woman directly to the ASL, via computer or via local patronage. In such a situation, the mother will be able to enjoy a period of abstention from work equal to the number of days between the effective date of the birth and the presumed date, added to the five months of "ordinary" compulsory maternity provided for by law. In other words, if the child is born 65 days before the presumed date established by the doctor, the woman can enjoy - naturally after the birth of the child - a period of abstention from work of 65 days + five months of compulsory maternity.
Please note
In some cases, in order to obtain early maternity, it may be necessary to present other documents in addition to those listed above. Therefore, for more detailed information on the method of requesting early maternity leave and on the necessary documentation, it is always advisable to contact the INPS office present in the area of residence, or local patronages.
Perceived Indemnity
How much is the Perceived Allowance during the Early Maternity?
The compensation received during the anticipated maternity leave is generally equal to 80% of the average global daily remuneration calculated on the basis of the month of work preceding the beginning of the period of early abstention.
On the other hand, for some female workers enrolled in separate management, the compensation received during early maternity leave is 80% of 1/365 of the income .
If required by the contract, the employer can pay the female worker 20% of the missing salary.
In any case, depending on the case, the indemnity can be advanced by the employer who will be compensated later, or it can be paid directly by the INPS.
For more information about the method of requesting early maternity leave and about the compensation received in this period, the invitation to contact the competent bodies present at the local level is renewed.