Italy: new improvements for caregiver employees

The decree law of 30 June 2022, which transposes into Italian law the European Union directive on work-life balance (see articles n°12999 and n°13137) and has been in force since 13 August, brings about a marginal amendment to law 104 of 1992 on assistance, integration and rights of disabled people. Italy had already put in place numerous measures to support parents of disabled children and workers who have to care for disabled or invalid family members. Since 1992, these employees have been entitled to three days of paid leave per month (in addition to other leave and holidays) and have had the right to refuse night work or a transfer to another site. One of the parents of a disabled child can also extend their period of parental leave until the child is three years old or, alternatively, benefit from two hours of paid leave per day until the child is three years old. The new decree introduces some improvements. First of all, it prohibits discrimination against employees providing assistance (as well as against disabled employees). Secondly, employees providing care to a spouse in the case of a civil union or cohabitation will also enjoy the relevant entitlements, which were previously reserved for married couples; as such they will have priority access to smart working and other forms of flexible work that companies may have introduced. Finally, the right to three days’ leave per month “may be granted, on request” to several people in the same family to provide assistance to a disabled person, allowing them to alternate whereas previously there was only one main carer.