Latest news for employers on parental leave

The formalities regarding child-raising leave and the increase in its duration for the other parent have been formalised by Government Decision no. 865/2023 of 19 September 2023.

So for employees about to go on parental leave, the key issues to consider are as follows:

• Employees must notify their employer at least 10 days before the end of their maternity leave, or before the estimated start date of their parental leave, of their intention to exercise their entitlement by submitting a request either in person or electronically
• The period of parental leave no longer has to be agreed with the employer, meaning that it can be the period specified by the employee in their application, within the legal limits, or the maximum period laid down by law, and it can be changed later, for example, if the employee decides to return to work early or if the child is classified as disabled, in which case parental leave can last up to three years
• After the parent initiating parental leave has finished their leave, the other parent can then take at least two months of parental leave, as opposed to just the one month previously available.

With regard to employees who are already on or returning from parental leave, it should be noted that they are obliged to notify their employer at least 30 days in advance of their intention to resume their employment or service relationship, regardless of whether or not they are entitled to the insertion incentive, a condition which until now only applied to those in receipt of the insertion incentive.

Moreover, people returning to work after a period of leave must continue to enjoy the same rights at work as they did before, and if there have been any improvements to working conditions to which they would have been entitled had they not taken leave, then they are also entitled to benefit from these.

These changes have been introduced to support parents on leave and to encourage the involvement of both parents in the care of their children. 

Source: Government Decision no. 865/2023 of 19 September 2023