Can I take paternity leave?
Yes: it's 10 mandatory days, paid at 100%. Mandatory paternity leave is due to the employed father (or the intended mother): 10 working days, raised to 20 for a multiple birth, paid by INPS at 100% of pay and counting towards the pension too. It can be taken from 2 months before the expected birth date and up to 5 months after the birth, even on non-consecutive days (but not split by the hour). The leave is compatible with the mother's maternity leave (the same days can be used). It also applies to adoption (the 10 days run from the child joining the family). It's a right distinct from parental leave (longer, until the child is 14). The claim is filed with INPS.
📋 The rules
- 10 working days mandatory (20 for a multiple birth)
- Paid by INPS at 100% of pay
- Taken from 2 months before to 5 months after the birth
- Even non-consecutive, but not split by the hour
- Compatible with maternity leave; applies to adoption
🔓 Exceptions
- Self-employed: different protections, not the employees' mandatory leave
- It's a distinct, additional right compared to parental leave
- For adoption the 10 days run from the child joining the family
⚠️ Penalties & fines
Paternity leave is a right: the employer can't deny it or penalise its use, and dismissal for this reason would be unlawful. The benefit is paid by INPS, on request. It's best to notify the employer with at least five days' notice (or per the contract) and file the claim with INPS in time, stating the days. If the leave or benefit is unduly denied, you can complain and turn to a patronato or the union. Plan the 10 days within 5 months of the birth: once the deadline passes, the mandatory leave can no longer be exercised.
📎 Official sources
- INPS · Mandatory paternity leave →
- Normattiva · Lgs. Decree 151/2001 (Maternity and Paternity Consolidated Act) →
- Ministry of Labour · Leave and work-life balance →
❓ Frequently asked
How many paternity leave days are there?
Ten working days of mandatory leave, rising to 20 for a multiple birth, paid at 100% by INPS. They're taken from 2 months before the expected birth date up to 5 months after the birth, even on non-consecutive days.
Is paternity leave paid?
Yes, at 100% of pay. The benefit is paid by INPS, on request, and counts towards the right to and amount of the pension. It's full pay for the mandatory leave days due to the employed father.
Can I use it on the same days as the mother's leave?
Yes. Mandatory paternity leave is compatible with maternity leave: the father can take it even on the same days the mother is on maternity leave. They're two distinct rights that can overlap around the birth.
Does it apply for adoption too?
Yes. For adoption or fostering, the 10 days of mandatory paternity leave run from the child joining the family. The right is recognised for adopted or fostered children too, up to age 14, under the set rules.
Is it the same as parental leave?
No. Mandatory paternity leave (10 days around the birth) is a distinct, additional right compared to parental leave, which is longer, can be used until the child is 14 and has a different benefit. You can use both.
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