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Paid Leave and Absences for Employees: Regulations and Rights

The regulation of paid leave represents an essential element in the management of the employment relationship. Below are the main articles governing this matter, with reference to rights and methods of use.

Art. 50 - Paid Daily Leave

1. Competitions, exams, and professional development:
Employees may take paid daily leave to:

• Participate in competitions and exams, including career progressions between areas, limited to the days of the tests.
• Participate in optional professional development activities, including online, provided they are related to work activity (maximum 8 days per year).

2. Family bereavement:
Three days of paid leave are provided for the death of a spouse, relatives up to the second degree, in-laws up to the first degree, or a cohabitant as per Law 76/2016. The leave must be taken within 7 working days of the event.

3. Marriage:
On the occasion of marriage, employees are entitled to 15 consecutive days of paid leave, to be started within 45 days from the date of the event. In case of objective impossibility, it is possible to agree, compatibly with service needs, to take the leave within 12 months of the event.

All the indicated leaves are paid, cumulative within the calendar year, do not reduce vacation days, and are counted for the purposes of length of service.

Art. 51 - Paid Hourly Leave for Personal or Family Reasons

Each employee is entitled to 18 hours of paid annual leave for personal or family reasons. The main features of these leaves are:

• Can also be taken in fractions of an hour after the first hour.
• No documentation or justification required.
• Do not reduce vacation days and are counted towards length of service.
• Cannot be taken on the same day as other types of leave, except for those provided by Art. 33 of Law 104/1992 or Legislative Decree 151/2001.

In case of part-time work, the total hours are proportional.

Art. 52 - Leave Related to Legal Provisions

Employees may benefit from:

• 3 monthly days of leave (or 18 monthly hours) pursuant to Art. 33, paragraph 3, of Law 104/1992, which can be scheduled monthly.
• Leave for blood and bone marrow donation, with 3 days' notice, except in emergencies.

The hours are proportional for part-time staff and such leaves are valid for the purposes of vacation accrual and the thirteenth monthly payment.

Art. 53 - Leave for Women Victims of Violence

Female workers included in protection programs against gender-based violence may request leave of up to 90 working days, to be taken within 3 years.

• The application must be accompanied by certification and submitted with a minimum notice of 5 days.
• The economic treatment is equivalent to maternity leave.
• It is possible to request transfers and adjustments to working hours.

Art. 54 - Leave for Visits, Therapies, and Diagnostics

Employees are entitled to 18 annual hours of leave for medical visits, therapies, specialist services, and diagnostic exams.

• Absences must be justified by a certificate of attendance issued by the healthcare facility, private or public.
• Leave can be taken on an hourly or daily basis and is compatible with the rules on the period of absence.

In case of emergencies, the request can be submitted up to 24 hours before the scheduled working time

55. Hourly Leave to Be Made Up
The employee may request, subject to authorization from the head of the organizational unit where they work, hourly leave to be absent from work. The duration of the absence must not exceed half of the daily working hours and may not exceed a total of 36 hours per year.

The leave request must be submitted well in advance and, in any case, no later than one hour from the start of the working day, except in cases of particular urgency or necessity, which will be assessed by the manager.

The hours not worked must be made up within the following two months, otherwise a proportional reduction in pay will be applied.

The On-Call Service in the New National Health Collective Agreement