INPS marital leave, how many days are due and how they are paid

The employee who gets married, as well as in the case in which he is part of a civil union, has the right to the so-called marital leave.
This is a period of abstention from work usually paid at 100%, part of which is paid by INPS and the other by the employer.
It is a right for the employee, which is why the company cannot in any way oppose the use of marital leave as long as the worker gives notice with adequate notice.
There are mostly two questions that workers usually ask themselves regarding this tool: how many days are due and what is the period within which it can be used.
However, only the first has an immediate answer – lasting 15 calendar days – while the terms within which leave must be taken are more complex, having required the intervention of jurisprudence several times.
In this regard, here is a guide on the period of marital leave due during an employment relationship with all the useful information for those who are about to get married and want to enjoy a few extra days of holiday without necessarily having to draw on the holiday fund.
INPS marriage leave Requirements Duration of marriage leave Within how many days must marriage leave be requested Is it mandatory to take it within 30 days of the wedding? How much is the worker entitled to? Can the worker waive it? Requirements Introduced in Italy in 1937 exclusively for the benefit of employees, in 1941 marriage leave was also extended to the working class.
Currently all collective labor agreements provide for the worker a paid period with abstention from work on the occasion of his marriage.
The INPS recognizes the possibility of taking advantage of this leave also for the unemployed, provided that they can demonstrate that in the 90 days preceding the marriage or civil union, they worked for at least 15 days in the employ of industrial, artisan or cooperative companies.
Workers hired for less than a week and those still on probation do not benefit from marriage leave.
There are also no differences between fixed-term and permanent workers.
It must be underlined that marriage leave applies in the case of a marriage with civil validity, therefore there is no obligation to marry in Church.
This means you can request marital leave even in the case of a second marriage.
Duration of marriage leave Marriage leave has a duration of 15 calendar days (for this purpose the weekend and any other non-working days must also be counted) which must be taken consecutively as it is not possible to divide them.
National labor contracts, based on different qualifications and the productive sector to which they belong, may provide for a different duration for marital leave.
Within how many days must marriage leave be requested The days of marriage leave must be requested on the occasion of the wedding and must be enjoyed immediately with respect to the wedding date or at least within a short period of time.
This means that if you get married on a Saturday, marriage leave must be requested starting from the following Monday.
The request for marriage leave must be made to the employer, indicating the days of leave with adequate notice (usually at least 6 days before its start).
Furthermore, upon returning to the workplace, the worker is required, within 60 days, to provide a copy of the marriage certificate.
Generally speaking, marital leave cannot be taken during the holiday period or during the period of notice of dismissal.
If for reasons related to the organization and production of the company it is not possible to take advantage of it on the occasion of the wedding, the period of leave will be granted or completed within 30 days following the celebration of the wedding.
Is it mandatory to use it within 30 days of the wedding? As we have just seen, marriage leave must be taken within the 30th day following the date of the wedding.
However, it may happen that a married couple, for various reasons, wants to use it after several months, for example if the honeymoon is scheduled beyond the 30th day.
What happens in this case? It is a shared opinion that marriage leave cannot be postponed, however the Court of Cassation has declared the opposite.
With the sentence of 6 June 2012 – number 9150 – it has in fact declared that postponing marital leave is possible since even if it is justified in marriage it is not necessary for the calculation of the starting date to start from the 1st day of the wedding.
The only fundamental thing is that the leave is linked to the marriage and is not separated from it.
To avoid losing this benefit, however, we advise you to always talk about it with your employer, because there are some Ccnl where it is clearly established that marriage leave must be taken in the month following the wedding.
However, you will see that by explaining your needs to the employer you will be able to find an agreement so as to use the days of leave when you see fit.
How much you are entitled to Usually, during the absence on marriage leave the worker is entitled to a salary similar to that which he would have received if he had worked regularly.
The INPS is responsible for the allowance for marriage leave – with the related allowance for marriage leave lasting 7 days – and the employer, but it is the latter who has the obligation to advance everything in the envelope pay.
Can the worker opt out? There is no rule that obliges the worker to use the days of marital leave.
This, therefore, can give it up, or use it only in part.
On this point there have been various jurisprudence rulings which oblige the employer to pay for the days of marital leave, even if the employee decided to resume work early.

Author: Hermes A.I.

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