Maternity Benefit in India vs Congedo di Maternità, Paternità and Parental Leave in Italy

India’s maternity rules are generous on length and place the cost on the employer. Italy’s are comparable in length, but the cost is carried by INPS, the state social security institute, and the protection against dismissal is much longer. Italy also has statutory paternity leave and a substantial parental leave system. Full comparison on Italy vs India .

India: maternity benefit under the Code on Social Security  

The Maternity Benefit Act, 1961 is now consolidated into the Code on Social Security, 2020, in force from 21 November 2025. The main rules carried over:

• 26 weeks of paid maternity benefit for a woman with fewer than two surviving children, of which up to eight weeks before the expected delivery. For the third child onwards, 12 weeks.
• 12 weeks for a woman who adopts a child below three months, and for a commissioning mother (surrogacy).
• Eligibility: at least 80 days’ work in the 12 months before the expected delivery.
• Paid at the average daily wage, by the employer, unless the employee is covered by ESI, in which case ESIC pays the maternity benefit.
• Work from home may be agreed after the benefit period if the nature of work allows.
• Establishments with 50 or more employees must provide a crèche facility.
• Dismissal during maternity absence is prohibited.

There is no statutory paternity leave for private-sector employees in India; it depends on company policy.

Italy: the Parenthood Code (Legislative Decree 151/2001)  

Compulsory maternity leave (congedo di maternità)  

• Five months of compulsory leave: normally two months before the expected birth and three months after. The employee can choose one month before and four after, or all five after the birth, with medical approval (art. 16).
• Compulsory means the employer may not let the employee work during this period.
• Paid at 80% of average daily pay by INPS (art. 22), usually advanced by the employer in payroll and offset against INPS contributions. Many CCNLs require the employer to top up to 100%.
• Pre-birth leave can start earlier for medical reasons or risky work, on authorisation.
• Adoption and fostering give equivalent leave.

Paternity leave (congedo di paternità)  

• Fathers have 10 working days of compulsory paternity leave, to be taken between two months before and five months after the birth (art. 27-bis), paid at 100% by INPS. Doubled for multiple births.
• A father can also take the mother’s leave in specific cases (death, serious illness, abandonment).

Parental leave (congedo parentale)  

• Each parent can take parental leave until the child is 14 years old (12 until 2025; Law 199/2025), up to a combined family limit of 10 months (11 if the father takes at least three months).
• Pay: INPS pays up to 9 months per family (3 non-transferable months per parent plus 3 shared) at 30%; 3 months of these are paid at 80% if taken before the child turns 6. Further months are unpaid unless income is low (art. 34 D.Lgs. 151/2001).
• The employee must give notice as set by the CCNL, normally at least five days.

Other protections  

• Daily rest for breastfeeding: two hours a day (one if working fewer than six hours) during the child’s first year, paid by INPS.
• No dismissal from the start of pregnancy until the child turns one year old, except for just cause, business closure or end of a fixed term (art. 54). A dismissal in breach is null.
• Resignations during that period must be validated by the labour inspectorate.

Side by side  

Budget impact  

For an Indian employer, maternity is a direct payroll cost. In Italy, the cost of maternity, paternity and parental leave is funded through INPS contributions you already pay. Your direct extra cost is the CCNL top-up (where applicable), continued accrual of TFR, 13th month and leave during compulsory maternity, plus any replacement hire. Plan for the business absence more than for the financial one.

Hiring and pregnancy  

In Italy it is unlawful to ask a candidate about pregnancy or family plans, and a decision based on it is discriminatory. The same applies to ending probation because of pregnancy. Brief your interviewers in India: questions considered small talk in some Indian interviews (“Are you married? Planning a family?”) are legally risky in Italy.

Planning the absence  

A practical timeline for an Indian manager with an Italian team member who announces a pregnancy:

• On notification: thank the employee, inform the EOR, and check whether the role involves any work that must be adjusted for health and safety reasons during pregnancy.
• Two months before the due date: compulsory leave usually begins (or one month before, if the employee opted for flexibility with medical approval). Arrange handover and cover.
• During leave: no work requests, including “quick calls”. The employee must not work during compulsory leave.
• Return: the employee returns to the same role, or an equivalent one at the same level, and can then use parental leave or breastfeeding rest hours. Agree a reasonable schedule and any smart working arrangement.

Keep a written record of the handover and of any agreed return arrangements; the EOR will need dates for the INPS filings. The same mindset applies to fathers: ten days of compulsory paternity leave are a right, not a favour, and parental leave may follow.

What this means if you hire through an EOR  

The EOR manages the INPS application, advances and recovers maternity and paternity pay through payroll, applies any CCNL top-up and keeps the role protected. You need to plan cover for the absence and keep the employee’s role and level unchanged on return.

See the cost calculator , the Italian employment contract guide, or contact us .

Related guides for Indian companies  

• Leave, working hours and overtime
• Termination: retrenchment vs Italian dismissal
• EPF/ESI vs INPS/INAIL

General information, not legal advice.