Early maternity: who it is and how to get it

Who I am
Philippe Gloaguen
Author and references


  • 1 To whom comes early motherhood?
  • 2 Who can apply for early maternity
  • 3 Early maternity, to whom to apply
  • 4 Early maternity, tax visits and transition to compulsory one
  • 5 Advance maternity: how much it amounts 

The insiders call it "early maternity ban", for everyone it is easier to remember as early maternity, or that period of leave during pregnancy that precedes the mandatory 5 months. Not all mothers manage to reach the seventh month and, only in some cases, the state allows them to spend the gestation at home by receiving an economic contribution from INPS. Let's see who this benefit is for.

Who is the early motherhood?

Early motherhood is not a whim, dictated by the desire to do nothing during the 40 weeks. The conditions that actually impose it are three:

1- complications of pregnancy or previous illnesses of the woman which may worsen during gestation;

2- working conditions that can harm the health of the pregnant woman or the child (an example: a factory that produces chemical solvents);

3- if the future mother takes care of the transport and lifting of weights, dangerous, tiring or unhealthy jobs and cannot be transferred to other tasks.

Anyone who finds himself in one of these situations in the first 7 months can ask to be absent from work. 

Who can apply for early maternity

Employees and those with fixed-term contracts in the public and private sectors, those who carry out occasional jobs or with a project contract, associates in participation can apply for early maternity. Freelancers registered in the separate Inps management can also request it, but only if there are health problems that can affect the pregnancy and if they stop working for the entire period. This means that a freelancer cannot go on early maternity leave for dangerous jobs or an unhealthy workplace.

Early maternity, to whom to apply

Who should the request be made to? So, if it is a health problem (therefore point 1 we mentioned above), you must apply to your local health authority. On the other hand, in cases connected to the workplace (points 2 and 3), you must contact the Labor Inspection Service of the Territorial Labor Directorate corresponding to your registered residence.

In the first case, go to the ASL with a certificate from a gynecologist stating that there is a pregnancy in progress and that this is at risk or for complications (for example a threat of spontaneous abortion) or for your previous pathology.

In cases of early maternity linked to professional conditions, the application must be presented to the Territorial Labor Directorate or by the worker or by the employer, always with the doctor's certificate and other documentation that may be requested.

If the gynecologist is accredited with the National Health System, his certificate is sufficient and early maternity starts from the date of the certificate. If, on the other hand, you are a private individual, the inspection service will carry out checks and will have to give you an answer within 7 days. After this deadline, the application is considered accepted.

Early maternity, tax visits and transition to the mandatory one

Keep two important things in mind. The first: during early maternity you are not subject to a tax visit. The second: the transition from early leave to compulsory leave is not automatic and a regular application must be submitted (read HERE how to do it).

Advance maternity: how much it amounts 

How much are you due with early motherhood? Employees receive the same allowance as for compulsory leave, that is 80 per cent of the average daily wage of the last paycheck. Self-employed women, on the other hand, take 80 percent of 1/365 of the average annual income deriving from coordinated and continuous collaboration or freelance activities.

Article updated July 12, 2022

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