By means of Legislative Decree No. 111/2020 (“Legislative Decree”), Italy has enacted new regulations intended to help workers achieve work-life balance and manage childcare.
Pursuant to Section 5 of the Legislative Decree, when an employed person’s child contracts COVID-19 at school, that employee is entitled to work under flexible circumstances (working remotely, known in Italy as “smart-working”) for all or for part of the duration of the child’s quarantine period.
The rule applies to parents with cohabiting children under the age of 14 who have been ordered to quarantine by the relevant local Health Authority (“ASL”).
In the event that an employee is unable to perform all or some of their assigned duties while working remotely, one of a child’s parents may take a “special leave” from work for all or for part of the period corresponding to the duration of the child’s quarantine. During such periods of “special leave,” the employee on leave shall receive as compensation from INPS (Italian National Institute of Social Security) an indemnity equal to 50% of their monthly salary.
There are limitations, however: for the days in which one parent (i) relies upon one of the above measures; or (ii) works remotely for any reason; or (iii) does not work at all, the other parent cannot seek any benefits from the measures in question.
These remote working and special leave arrangements shall be in force until December 31, 2020, and may be extended.