In the field of Corporate Investigations, for which the AIRO investigative institute holds a license issued by the Prefecture of Brescia, one of the types of investigations that is often requested is related to the abuse by workers of the leave provided by Law 104/92.

Recent regulatory changes

On August 13, 2022, Legislative Decree No. 105/2022 came into force amending Law No. 104/1992, the "framework law for assistance, social integration, and the rights of handicapped persons."

The legislative measure is adopted in implementation of the European directive 2019/1158, concerning the balance between professional activity and family life for parents and caregivers of people with disabilities.

The main changes made by the aforementioned decree are as follows:

  • introduction of the mandatory paternity leave of 10 days, which can be taken from 2 months before to 5 months after the birth;
  • possibility for two subjects (e.g. spouses) to take leave from work to assist the same disabled family member on different days, while maintaining the overall limit of three days per month;
  • until the twelfth year of the child's life, each working parent is entitled for three months to an allowance equal to 30% of the salary;
  • Employers, both public and private, must give priority to requests for agile work arrangements submitted by: 1) parents of children up to twelve years of age or without any age limit in the case of children with severe disabilities; 2) workers with disabilities in a situation of verified severity pursuant to article 4, paragraph 1, of law 104; 3) family caregivers pursuant to article 1, paragraph 255, of law 27 December 2017, no. 205.

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