Parental leave and children's illness

With effect from 1 January 2026, the 2026 Budget Law (Law no. 199/2025) introduces significant changes to the terms of leave for working parents.

Parental leave

As clarified in INPS message no. 251/2026, starting from January 2026, employees can take parental leave until their child reaches the age of 14 (previously, the limit was 12 years).

The leave can be used:

• in the event of birth: 
  -    by the mother, starting from the end of her maternity leave;
  -    by the father, from the moment of birth;
• in the case of adoption or foster care, the period of leave extends up to 14 years from the child's entry into the family, subject to the age of majority limit.

What remains unchanged

• the maximum total duration of parental leave;
• the rules for dividing the months between the father, mother and single parent;
• the economic and contributory treatment.

The change therefore only affects the period during which leave can be taken, which becomes longer and more flexible as the child grows. Without increasing the overall legal limits, the reform therefore makes the benefit more flexible for parents. 

Parental leave for children with severe disabilities

For children with severe disabilities (art. 33, Legislative Decree no. 151/2001), the Budget Law provides that:

• parental leave is granted until the child reaches the age of 14 (and no longer until the age of 12); and
• the maximum total of three years of leave remains unchanged.

In this case too, therefore, the total amount of leave does not increase, but the time frame within which the parent can distribute its use is extended.

Leave in case of children's illness: more time and more days

The change has a more significant impact on sick leave for children, affecting both the period of use and the number of days available.

The age of the child whose illness entitles the parent to leave has been raised from 8 to 14 years. In addition, for each parent, the maximum limit of absences due to illness for each child aged between 3 and 14 has been doubled, from 5 to 10 working days per year.

What remains unchanged

• until the child reaches the age of 3, the parent may take leave for the entire duration of the illness, with no limit on the number of days;
• no medical inspections or specific availability time slots are envisaged for the parent who is absent due to the child’s illness;
• the right to interrupt annual leave in the event of the child's hospitalisation, with the possibility of taking leave for the entire duration of the hospitalisation.

Osborne Clarke comment: practical implications for companies

The changes:

• do not alter the overall structure of parental leave;
• extend the time frames within which leave can be taken; and
• increase the number of days per year that can be taken for the illness of children between the ages of 3 and 14.

This leads to greater organisational flexibility for parents and the need for more careful planning by companies, particularly with regard to managing absences over a wider age range.