Parental leave is a right provided by Legislative Decree No. 151/2001 to allow parents to dedicate themselves to the care and assistance of their children in the early years of life. However, the improper use of this provision can lead to significant legal consequences, up to dismissal for just cause, as established by the recent ordinance No. 24922 of September 9, 2025, by the Court of Cassation. A central aspect is the possibility for the employer to resort to private investigations to verify the correct use of the leave.

What does ruling 24922/2025 establish?

  • The ordinance confirms that parental leave must be used for the direct care of the child, not for other activities, even if "within the family".
  • The concrete fact: a father who helped his wife in the management of the beach establishment instead of taking care of their 3-year-old son, entrusting him to babysitters and grandparents, was fired.
  • Even a few days of behavior neglecting the care of the child constitute abuse: systematic conduct is not required.

Private investigations: limits and conditions

Employers who suspect misuse of parental leave can initiate investigations, even through private investigative agencies. However, there are very specific limits:

I am waiting for what the jurisprudence/regulations say

  • Legitimacy of the evidence: the evidence collected by private investigators, including photos, stakeouts, and testimonies, is admissible provided it is collected in compliance with the law and the dignity of the worker.
  • Privacy and data protection: investigations must comply with privacy regulations, personal data processing, and image use regulations. Illegally collected evidence may be declared inadmissible.
  • Contradictory and testimonial evidence: even when the evidence is "atypical" (investigative report), it can be confirmed in court through testimony or examination of the investigator or their collaborator.

Implications for employers

  • They must have well-founded suspicions before commissioning private investigations, to avoid disputes over the improper use of evidence.
  • If the abuse is confirmed, dismissal for just cause is legitimate.
  • It is important that the investigations are conducted in compliance with the current privacy and labor regulations.

Implications for employees

  • The right to parental leave does not allow activities other than direct care. If days are "diverted" for other occupations, there is a serious risk.
  • Know the rules of leave well, what the parent must concretely do, and how jurisprudence interprets the concept of "direct care."

Limits and open questions

  • It is not always clear when an activity can be considered "unrelated" to direct care: there is room for judges to assess on a case-by-case basis.
  • The constant evolution of jurisprudence requires frequent updates for investigators, HR, unions, labor law professionals.

Conclusion

Ordinance no. 24922/2025 confirms a clear guideline: parental leave cannot be used for purposes other than the direct care of the child. Private investigations, if conducted correctly, are a tool that the employer can legitimately use to ascertain abuses, but always within the limits established by law.

The AIRO Institute of Private Investigations offers companies its expertise and professionalism to protect corporate assets and gather concrete and valid evidence, usable both in the disciplinary dispute phase and in court.

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