In Italy, a working father is entitled to mandatory paternity leave (congedo di paternità obbligatorio): 10 working days of fully paid leave around the birth of a child. This guide explains the rules employers need to apply, with links to the official sources. Last checked: October 2026.
Legal basis
Mandatory paternity leave is governed by article 27-bis of Legislative Decree 151/2001, inserted by Legislative Decree 105/2022, which implements Directive (EU) 2019/1158 on work-life balance. The rules apply to events from 13 August 2022, according to the INPS service page. Earlier, temporary versions of the leave were introduced by Law 92/2012 and later budget laws, but they are no longer the legal basis.
How many days, and when
- 10 working days, or 20 working days in case of multiple births.
- The days cannot be split into hours, but they do not have to be consecutive.
- The leave can be taken from two months before the presumed date of birth until five months after the birth.
- It can be taken even while the mother is on maternity leave.
- It also applies to adoptive and foster fathers, and in case of perinatal death of the child.
Source: art. 27-bis, paragraphs 1–4.
Who is entitled
The leave belongs to the father who is an employee, in the private or public sector, including adoptive and foster fathers. Following Constitutional Court judgment no. 115/2025, it also applies to an intended mother in a couple of women registered as parents in the civil status registers. According to INPS, self-employed fathers and workers enrolled in the Gestione Separata are not covered by this leave; check the INPS page for their separate protections.
Pay
During the leave the worker receives a daily allowance equal to 100% of pay (art. 29 of Legislative Decree 151/2001). The economic and legal treatment follows articles 22 and 23 of the same decree. In practice, INPS indicates that the allowance is generally paid by the employer and recovered by offsetting it against contributions, while INPS pays directly in specific cases only. See the INPS service page for the current rules and the INPS circular no. 122 of 27 October 2022.
Notice and procedure
The father must tell the employer in writing which days he intends to take, at least five days in advance where possible, based on the presumed date of birth. Collective agreements may provide better conditions, and a company HR system can replace the written notice (art. 27-bis, paragraph 6). Below is a sample request in Italian.
Employer penalties and dismissal protection
- Refusing, opposing or obstructing the leave is punished by an administrative fine from €516 to €2,582, and it can also prevent the employer from obtaining gender-equality certification (art. 31-bis).
- The ban on dismissal under art. 54 also applies to the working father who takes this leave.
Alternative paternity leave
Under article 28, the father may take the whole maternity leave, or its remaining part, if the mother dies, is seriously ill, abandons the child, or the child is entrusted solely to him. This is called congedo di paternità alternativo. It is separate from the 10 mandatory days, which the father can still use.
Paternity leave and parental leave
Paternity leave is separate from congedo parentale (parental leave), which Legislative Decree 105/2022 also reformed. For details on parental leave, see the INPS guidance on maternity, paternity and parental leave.
Sample request (in Italian)
Spett.le …
Oggetto: richiesta fruizione congedo di paternità obbligatorio ai sensi dell’art. 27-bis del D.Lgs. 151/2001.
Il sottoscritto ……………… nato a ……… il ……… codice fiscale ……… assunto in data ……… presso codesta azienda con contratto di ………
CHIEDE
con la presente la fruizione del/dei giorno/i di congedo di paternità obbligatorio previsto dall’art. 27-bis del D.Lgs. 151/2001 nel/i giorno/i ……… a seguito della nascita (o della data presunta del parto) di suo figlio ……………… in data ………
Distinti saluti
Luogo, data e firma
Official sources
- Legislative Decree 151/2001, art. 27-bis – Normattiva
- Art. 29 – Pay – Normattiva
- Art. 31-bis – Penalties – Normattiva
- INPS – Congedo di paternità obbligatorio
- Directive (EU) 2019/1158 – EUR-Lex
Employing staff in Italy and need help applying these rules? Contact our experts, or see how an Employer of Record in Italy manages leave, payroll and INPS obligations for you.
