# Maternity, Paternity and Shared Parental Leave in the UK vs Italian Congedo

> UK SMP, paternity and shared parental leave vs Italian congedo di maternità, paternità and parentale: weeks, pay, who pays and dismissal protection.

Family leave is an area where Italy is generous on paper and simple for employers in practice, because INPS funds most of the cost. UK rules give longer leave but lower statutory pay. Here is how they compare.

## UK maternity, paternity and shared parental leave

**Maternity.** Employees can take up to 52 weeks of maternity leave. Statutory Maternity Pay lasts 39 weeks: 90% of average weekly earnings for six weeks, then £194.32 or 90% of earnings, whichever is lower, for 33 weeks ([gov.uk](https://www.gov.uk/maternity-pay-leave/pay)). Employers pay SMP and recover most of it from HMRC.

**Paternity.** Eligible partners can take one or two weeks of paternity leave, now in separate blocks within the first year ([gov.uk](https://www.gov.uk/paternity-pay-leave)). Under the [Employment Rights Act 2025](https://www.legislation.gov.uk/ukpga/2025/36/contents) paternity leave and unpaid parental leave become day-one rights. Both took effect on 6 April 2026 ([s.15](https://www.legislation.gov.uk/ukpga/2025/36/section/15), [s.16](https://www.legislation.gov.uk/ukpga/2025/36/section/16)). Statutory paternity pay still needs a qualifying period of service and earnings.

**Shared parental leave.** Parents can share up to 50 weeks of leave and 37 weeks of pay by ending maternity leave early ([gov.uk](https://www.gov.uk/shared-parental-leave-and-pay)).

## Italian maternity leave (congedo di maternità)

Under Legislative Decree 151/2001, maternity leave is compulsory: five months in total, normally two months before the expected birth and three after. With medical approval the mother can work until the eighth month, or until the birth, and take the whole leave afterwards. The employer cannot let her work during the compulsory period.

The allowance is 80% of average daily pay, paid by INPS and usually advanced through the employer's payroll and offset against contributions. Many CCNLs require the employer to top up to 100%. The period counts toward seniority, holiday and 13th month.

## Italian paternity leave (congedo di paternità obbligatorio)

Since 2022, article 27-bis of the same decree gives fathers ten working days of compulsory paternity leave, paid at 100% by INPS. It can be taken from two months before to five months after the birth, also on non-consecutive days (20 days for multiple births). It is a right regardless of the mother's employment.

## Italian parental leave (congedo parentale)

After maternity or paternity leave, each parent can take optional parental leave. Broadly:

- up to 6 months per parent, 10 months in total for both (11 if the father takes at least 3);
- usable in days, hours or blocks, until the child turns 14 (raised from 12 from 1 January 2026 by Law 199/2025; [INPS message 251/2026](https://www.inps.it/content/dam/inps-site/it/scorporati/circolari-e-messaggi/2026/01/Circolare_15144/Allegati/16535_Messaggio-numero-251-del-26-01-2026.pdf));
- paid by INPS for up to 9 months per family: 3 non-transferable months per parent plus 3 shared, at 30% of pay; 3 of these months are paid at 80% if taken before the child turns 6 (art. 34 D.Lgs. 151/2001).

There is no direct equivalent of UK shared parental leave, but the combination of compulsory leave for both parents and flexible parental leave covers similar ground. Parents also have separate leave for a sick child.

## Protection from dismissal

In the UK, dismissal because of pregnancy or maternity is automatically unfair and discriminatory, and employees on maternity leave have priority for suitable alternative roles in a redundancy, extended to pregnancy and return from leave since 2024.

Italian protection is stronger and more mechanical. Article 54 of Legislative Decree 151/2001 prohibits dismissal of a working mother from the start of pregnancy until the child's first birthday, with narrow exceptions (just cause, business closure, end of a fixed term, failed probation). A dismissal in breach is void, whatever the employer's intention. Fathers taking paternity leave have similar protection for the same period. A resignation during this protected period must be validated by the labour inspectorate to be effective.

## Side by side

| Topic | United Kingdom | Italy |
|---|---|---|
| Maternity leave | Up to 52 weeks (2 weeks compulsory) | 5 months compulsory |
| Maternity pay | 6 weeks at 90%, 33 weeks at £194.32 or 90% | 80% from INPS; CCNL often tops up to 100% |
| Paternity leave | 1–2 weeks; day-one right from April 2026 | 10 working days at 100%, compulsory |
| Shared/parental leave | Shared parental leave up to 50 weeks | Parental leave per parent, partly paid |
| Funding | Employer pays, recovers most from HMRC | INPS funds, advanced via payroll |
| Dismissal protection | Automatic unfair dismissal; redundancy priority | Ban from pregnancy to child's first birthday |

## Planning cover

Five months of compulsory absence is predictable, so plan cover early. In Italy a fixed-term replacement contract for maternity cover is expressly allowed and can overlap with the absence for handover. Communicate with the employee about return dates and any part-time request, which many CCNLs facilitate after parental leave.

## Breastfeeding rest and return to work

On return, Italian law gives the mother (or, in some cases, the father) daily rest periods during the child's first year: two hours a day for a working day of at least six hours, one hour for shorter days, paid by INPS through payroll. In the UK there is no statutory paid equivalent, although employers must provide suitable facilities for breastfeeding employees to rest. In practice the Italian rule means a shorter working day for a year, which should be built into plans and team schedules.

## Common mistakes UK employers make

- Asking about family plans at interview, which is discriminatory in both countries.
- Planning a restructuring that touches a pregnant employee or a parent in the first year after birth.
- Assuming the UK 52-week horizon: the Italian compulsory leave is shorter, but optional parental leave and daily rest periods extend the impact.
- Accepting a resignation during the protected period without the required validation.
- Forgetting that holiday and 13th month continue to accrue during compulsory maternity leave.

## What this means if you hire through an EOR

When an employee tells us she is pregnant, we handle the INPS process, payroll advances and CCNL top-ups, and make sure the protected period is respected. Your cost stays mostly flat: the INPS allowance is offset against contributions, and you pay the EOR fee and any top-up. The main managerial task is planning workload and cover, and avoiding any decisions that could look linked to the pregnancy.

## The bottom line

Italian family leave is shorter in its compulsory phase but better paid, mostly funded by INPS and backed by strong dismissal protection. For a UK company the cost impact is modest; the real work is planning cover and respecting the protected period.

## Related guides for UK companies

- [SSP vs Italian sick leave](/articles/uk-ssp-vs-italian-sick-leave-inps-comporto.html)
- [Holiday and working time](/articles/uk-holiday-working-time-vs-italy-dlgs-66-2003.html)
- [Unfair dismissal vs Italian dismissal rules](/articles/uk-unfair-dismissal-vs-italian-dismissal-rules.html)
- [Italy vs UK overview](/italy-vs-uk.html), [contracts](/italy-employment-contracts.html), [calculator](/calculator.html)

General information, not legal advice. [Contact us](/contact.html) for a specific case.

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Source: https://hiringitaly.com/articles/uk-maternity-paternity-shared-parental-vs-italian-congedo.html · 2026-11-09