Law 104: to whom it belongs and how it works

Fonte: Alamy

I employees which are part of the Protected categories or who need to assisting a family member with a disability can take advantage of specific permits provided for by article 33 of law 104 of 1992.

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What does the law provide?

«The norm gives the right to three days of work leave per month, which are paid 100%. As they are calculated as working days, they do not change the calculation of holidays or the salary at the end of the month. The days can be enjoyed on a continuous basis, but also divided by hours »explains Sara Bressanelli, HR manager of, the platform that allows the comparison of the best offers of services including insurance, mortgages, loans and current accounts.

Who is entitled to it




Law 104 how to request it

formalize the request to INPS

certification of disability

Read also: Maternity and work: mothers' rights

Discounts for parents of disabled children

The Del Paesena law, also through article 42 of legislative decree 151 of 2001, also provides other benefits for mothers and fathers with handicapped children:

  • Feeding time. Parents of disabled children have the option of extending the daily leave, that is, the hours of breastfeeding that can be used until the child is three years old (normally they expire on the child's first birthday). Also in this case, the mother or the father may not use it at the same time.
  • Parental leave. Normally, parental leave consists of 6 months paid at 30%, which can be used by the mother or father up to the age of 12 of the child. If you are in the presence of a disabled child, the total number of months rises to 36.
  • Extraordinary paid leave. Employees who have a disabled child have the additional option to apply for 100% paid extraordinary leave for two years. The permit can be used on a continuous or split basis.
  • Unpaid leave. After the period foreseen by the extraordinary leave, the parent still has one last chance, that is to obtain an unpaid leave of absence of another two years. All this with a view to keeping his job despite the difficult situation.

Le concessions however, they cannot be combined: «If parental leave is requested, one cannot take advantage of the permits provided for by law 104, and so on. One benefit replaces the other »concludes the expert.

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