JOBS ACT: FACILITATION WORK AND LIFE
Leg. n . 80/2015 , in force from June 25, 2015 , introduced important measures to strengthen the protections afforded to parents , whether natural or adoptive or foster parents , in order to balance the demands of care , life and work . The decree also introduced incentives for the use of teleworking and leave for women victims of gender violence participating in courses of protection .
These last two aspects ( telework and violence ) find their source in legislation Leg. n . 80/2015 and other changes introduced are to amend and supplement the lgs . 151/2001 ( T.U. maternity / paternity leave ) .
Compulsory leave . The first change concerns the premature or those occurring before the start of compulsory leave . The new art. 16 of Legislative Decree no . 151/2001 in paragraph d ) provides that the days of compulsory leave not taken , recalculated based on the actual date of birth , must be added to the leave period calculated on the basis of the alleged birth , even if the sum of the two periods exceed the limit total of five months.
It was introduced , also , the opportunity for the mother to terminate the compulsory maternity leave and subsequently taking the work , in case of hospitalization of the infant and complete its fruition at the end of the hospital stay .
Parental leave . It was extended up to the twelfth year of the child or an entry in the child’s family , in the case of foster care or adoption , the possible use of parental leave pursuant to art . 32 T.U. about motherhood . They were introduced improvements also from an economic standpoint : the allowance of 30% of salary is up until the sixth year of a child’s life , rather than be in the third year . From 6 to 12 years, the leave is generally unpaid ; only if the applicant has an income below the limits established , the compensation referred to above is extended until the eighth year of a child’s life . These provisions will be applied on a trial basis only for the year 2015. The award for the following years is subject to the entry into force of legislative decrees which identify adequate funding .
Night work . Article . 11 of Legislative Decree no . 80/2015 went to amend Art . 53 of T.U. motherhood and the lgs . 66/2003 regarding working hours extending to adoptive parents or foster the prohibitions on night work for the first three years of entry into the family of the child and , in any case , not more than twelve years of age of the child.
Self-employed workers . They were introduced innovations in the field of protection of parenting self-employed. Specifically , it provides for the possibility to take advantage of maternity for working men and women enrolled in the separate management INPS or other form of compulsory insurance in the event of adoption or foster care, for 5 months following the entrance of child in the family . The company also extended to the father freelancer , writing in a form of compulsory insurance , the right to maternity benefits in case of death , serious illness or abandonment by the mother , and in the case of sole custody of the child to the father, the remaining period that it was for the mother .
Teleworking . Employers who , through specific collective agreements also second level , make use of pooling of teleworking for requirements related to parental care , may exclude the workers concerned from the calculation of the numerical limits laid down in laws and collective agreements for the application of special regulations and institutions .
Other rights . Article . 24 of the decree in question has introduced a leave in favor of women victims of gender violence and placed in the care programs duly certified . It is expected , therefore , the opportunity for employees ( both the public and private sectors ) , as well as for working owners of partnerships , participating in these courses , be absent from work for a maximum period of three months , continue to payment of the salary and other related institutions .