D.Lgs. n. 80/2015 amended Article. 32 of T.U. Maternity (Legislative Decree. n. 151/2001) by introducing a general principle of taking parental leave on an hourly basis which is implemented on an experimental basis, to the adoption of additional legislative decrees, for the period from 25 June 2015 to 31 December 2015 in the absence of a specific regulation of collective bargaining, even enterprise level.
The rule is that parents employees can take parental leave for hours in an amount equal to half of the time the average daily pay period four-week or month preceding the year in which starts parental leave, and such leave shall not It is combined with any other permits or rest covered by TU
Introducing the clock mode does not change the duration of parental leave and thus remain unchanged, the limits within which parents employees may be absent from work on that basis.
Unlike taking parental leave on a daily or monthly, in case of use by the hour, where on the same day there will be an absence of leave hourly title and conducting work, Sundays and Saturdays, when short week, are not considered nor in the calculation nor the purpose of the compensation of the leave as it is always recover the return to work.
The hours of parental leave are covered by imputed contribution to the 12th year of the child’s life or until the 12th year of entry of the child in cases of adoption or foster care. For the enhancement of the period of parental leave received after the 6th year of the child’s life or after the 6th year from the entrance into the family of the adopted or entrusted applies paragraph 2 of art. 35 of T.U. (Remuneration conventional, integration with redemption or voluntary contributions).
With the circular no. 152/2015 INPS clarified the methods of application for leave to hours. There are currently two different online procedures, relative to requests for parental leave daily or monthly and the other for the only questions to fruition hourly. Therefore, the parent who intends to take parental leave in daily mode and / or monthly and hourly mode, will use both procedures.
With specific reference to the question of parental leave by the hour, the parent must indicate:
• if the leave is required under the relevant Dealing or by the general criterion art. 32 of T.U. in order to identify the minimum hours of usable;
• the number of days of parental leave to be enjoyed in time mode as the procedure provides that the total number of hours of leave requests is calculated in workdays whole;
• the month in which this entire days of parental leave will be viewed comfortably (the application may be submitted for the individual months).