Can I get leave to care for a disabled relative?
Yes, where the requirements of Law 104 are met. Law 104/1992 protects people with a serious disability and those caring for them. An employee with a serious disability, or who cares for a relative with a serious disability (spouse, civil partner, relative or in-law within set degrees), is entitled to 3 days of paid leave a month (or daily hourly rest), to assist the relative or for their own needs. There's also special paid leave of up to 2 years (over a working life) for caregivers, by an order of priority among relatives. The serious disability must be recognised by the board (art. 3, para. 3). The leave is claimed from INPS and the employer.
📋 The rules
- Protects the person with a serious disability and their carers
- 3 days of paid leave a month (or hourly rest)
- For the disabled worker or for those caring for a serious relative
- Special paid leave of up to 2 years for caregivers
- Needs recognition of serious disability (art. 3 para. 3); claim with INPS
🔓 Exceptions
- Order of priority among relatives for the special leave
- Extra protections: right not to be transferred without consent, where provided
- Single referent: as a rule only one relative uses the leave for the same person
⚠️ Penalties & fines
Law 104 leave is a right: the employer can't deny it to those who qualify, and penalising or dismissing for its use is unlawful. But abuse is banned: using the leave for purposes other than assisting the relative (e.g. for leisure) can entail disciplinary sanctions and, in serious cases, dismissal, plus repaying what was received. To use it, file the claim with INPS (with the disability-recognition report) and notify the employer of the days. Keep the documentation and use the leave for its care purpose.
📎 Official sources
- Normattiva · Law 104/1992 (assistance for people with disabilities) →
- INPS · Law 104 leave and special leave →
- Ministry of Labour · Disability and caregivers →
❓ Frequently asked
Who is entitled to Law 104 leave?
An employee with a recognised serious disability, and those caring for a relative with a serious disability (spouse or civil partner, relative or in-law within the set degrees). Recognition of the serious disability and a claim with INPS are needed.
How much leave does Law 104 give?
Three days of paid leave a month, which can be split, or daily hourly rest, to assist the relative with a serious disability or for your own needs if you're the disabled person. Days not used in a month generally don't carry over to the next.
What is the special leave?
It's paid leave of up to 2 years over a working life, reserved for caregivers assisting a relative with a serious disability, by an order of priority among relatives. It's different from the 3 monthly days and is meant for continuous care.
Can the employer deny me Law 104 leave?
No, if you qualify. Law 104 leave is a right and the employer can't deny it or penalise its use; a dismissal for this reason would be unlawful. But you must file the claim with INPS and notify the employer of the days.
Can I use Law 104 leave for other purposes?
No. The leave must be used for its purpose, i.e. assisting the relative with a serious disability (or your own needs if you're the disabled person). Using it for other purposes is abuse, which can entail disciplinary sanctions and, in serious cases, dismissal.
🔎 Common searches
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