# Maternity and Parental Leave: Israel vs Italy

> Israeli maternity leave and Bituach Leumi allowance (15 weeks, 2026 cap) vs Italian congedo di maternità at 80%, paternity and parental leave.

Parental leave is an area where Israeli employers already know the state pays most of the cost. Italy follows the same model through INPS, with longer compulsory leave, and adds a strong ban on dismissal. Overview on [Italy vs Israel](/italy-vs-israel.html).

## Israel: maternity leave and Bituach Leumi allowance

Under the Women's Employment Law, an employee is entitled to job-protected maternity leave, part of which is paid by the National Insurance Institute through the **maternity allowance** (dmei leida). <!-- review: confirm total leave length (26 weeks) on gov.il -->

According to Bituach Leumi:

- The full allowance is paid for **15 weeks** if contributions were paid for 10 of the last 14 months or 15 of the last 22 months; a partial allowance covers **8 weeks** with 6 of the last 14 months ([period of entitlement](https://www.btl.gov.il/English%20Homepage/Benefits/Maternity%20Insurance/Maternity%20Allowance/Pages/Maximum.aspx)).
- The daily allowance is the higher of income in the last 3 months divided by 90 or the last 6 months divided by 180, capped at **NIS 1,752.33 a day** from 1 January 2026 ([benefit rates](https://www.btl.gov.il/English%20Homepage/Benefits/Maternity%20Insurance/Maternity%20Allowance/Pages/Benefitrates.aspx)).
- Part of the leave can be shared with the father, who can receive a paternity allowance.

The employer generally does not pay salary during the paid leave, but keeps pension contributions under the rules and cannot dismiss an employee during pregnancy (after a qualifying period), during the leave and for a period after it without a permit from the Ministry of Labour. <!-- review: confirm protection period (60 days after leave) on gov.il -->

## Italy: congedo di maternità and paternità

Under Legislative Decree 151/2001:

- **Maternity leave:** **5 months** compulsory, usually 2 before and 3 after the birth (or 1+4, or all after with medical approval). INPS pays **80%** of pay; most CCNLs require the employer to top up to 100%. Work during this period is forbidden.
- **Paternity leave:** **10 working days** compulsory at **100%**, between two months before and five months after the birth.
- **Parental leave (congedo parentale):** up to **9 months** in total between the parents (individual limits apply), paid at **30%**, with **3 months at 80%** if taken within the child's 6th year; from 2026 it can be taken until the child is **14**.
- **Breastfeeding rest:** two hours a day (one for part-timers) in the child's first year, paid by INPS.
- **Dismissal ban:** from the start of pregnancy until the child turns **one**, with narrow exceptions (just cause, business closure). A dismissal in breach is void.

## Side by side

| Topic | Israel | Italy |
|---|---|---|
| Paid maternity leave | 15 weeks by Bituach Leumi (if qualifying) | 5 months at 80% by INPS |
| Benefit cap | NIS 1,752.33/day (2026) | Based on pay, no low cap |
| Employer top-up | Not required by law | Often required by CCNL |
| Father | Shares part of leave; allowance | 10 days compulsory at 100% |
| Parental leave | Unpaid extension available | 9 months at 30% (3 at 80%), to age 14 |
| Dismissal protection | Permit needed in protected period | Ban until child's first birthday |

## Cost for the employer

In both countries the state carries most of the cost. In Italy, the employer usually advances the INPS allowance in payroll and recovers it from contributions, and pays the CCNL top-up. TFR and the 13th month continue to accrue during compulsory maternity leave. Budget for the top-up and for cover during five months of absence.

## Social security agreement

The Israel–Italy social security convention, in force since 1 December 2015, does **not** cover maternity ([Bituach Leumi](https://www.btl.gov.il/English%20Homepage/Benefits/International%20Conventions%20on%20Social%20Security/Pages/Existingconventions.aspx)). An employee hired in Italy is covered by INPS; an Israeli employee posted to Italy should check entitlement with Bituach Leumi before the birth.

## Managing a team member's leave

Plan early: the employee must give the expected date with a medical certificate. Do not discuss pregnancy at interview or let it affect decisions; this is discrimination under both legal systems. When the employee returns, they are entitled to the same or an equivalent job.

## Common questions from Israeli HR teams

**Does the Italian employee have to take the full five months?** Yes. Compulsory maternity leave is a prohibition on working, not an option. Flexibility is limited to how the months are split before and after the birth.

**Do we pay salary during maternity leave?** INPS pays 80%, usually advanced by the employer in payroll and then offset against contributions. Many CCNLs require the employer to top up to 100%. Check the CCNL your employer of record applies.

**Does leave accrue during maternity leave?** Yes. Annual leave, the 13th month and TFR continue to accrue during compulsory maternity leave. During optional parental leave, accrual is reduced.

**Can we end a fixed-term contract during pregnancy?** A fixed-term contract ends at its natural expiry, but the employee keeps the INPS allowance. Not renewing because of pregnancy is discrimination.

**What about fathers on the Israeli team in Italy?** The 10 days of paternity leave are compulsory and fully paid by INPS; fathers can also use parental leave, which many do.

**Is there anything like the Israeli permit system for dismissal?** No permit can lift the Italian ban. Apart from just cause, closure of the business or end of the specific job, a dismissal from the start of pregnancy until the child turns one is void, and the employee returns to work with back pay. The same protection applies to fathers who take paternity leave, during the leave and until the child turns one. Resignation in this period must be validated by the labour inspectorate to be effective.

## What this means if you hire through an EOR

The EOR handles the INPS paperwork, advances and recovers the allowance, pays the CCNL top-up, and keeps accruing TFR and 13th month. Your role is planning cover and respecting the protections. Ending a contract during the protected period is almost never possible.

See [Italian employment contracts](/italy-employment-contracts.html), the [cost calculator](/calculator.html), [Italy vs your country](/italy-vs-your-country.html) or [contact us](/contact.html).

## Related guides for Israeli companies

- [Annual leave, sick pay and havra'a](/articles/israel-annual-leave-sick-pay-havraa-vs-italy.html)
- [Shimua and advance notice vs Italian dismissal rules](/articles/israel-shimua-advance-notice-vs-italian-dismissal-rules.html)
- [Bituach Leumi and pensia hova vs INPS](/articles/israel-bituach-leumi-pension-vs-inps-employer-cost.html)

*General information, not legal advice.*

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Source: https://hiringitaly.com/articles/israel-maternity-leave-vs-italy-congedo.html · 2026-11-10