Clearly, early maternity is also granted in the case of premature birth, that is when the birth of the child occurs before the 8th month from which the period of compulsory maternity leave should theoretically begin.
certifying the presence of serious complications and / or pre-existing medical conditions that are presumed to be aggravated by pregnancy. This certificate should be issued by a gynecologist accredited by the National Health System (SSN), if this is not the case, further checks are required by the competent ASL.Please Note
In order to guarantee the acceptance of the early maternity request in case of serious complications and / or pre-existing morbid conditions, the ASL certificate is ALWAYS necessary. In fact, the medical examination carried out by the ASL constitutes a binding technical document for the labor inspectorate for the issuance of the provision in favor of early leave. In other words, if the ASL certifies that the pregnancy is at risk, the labor inspectorate is required to grant early maternity.
After delivering the documentation, the pregnant woman will be issued a receipt in duplicate. One of the two copies must then be delivered by the woman to the employer.
Generally, the inspection service of the labor inspectorate issues the provision in favor of the request for early maternity - subject to medical and health checks by the NHS - within seven days, starting from the day following that in which the documentation was received.
Unsuitable working and environmental conditions and strenuous, unhealthy or dangerous work
In the event that early maternity is necessary due to the presence of work and environmental conditions that are prejudicial to the health of the woman and the child, or if it is necessary due to heavy, tiring, unhealthy and / or dangerous work (points 2 and 3 of the numbered list shown in the previous chapter), the request can be presented either by the pregnant woman herself or by the employer.
Also in this case, usually, the inspection service of the labor inspectorate issues the provision in favor of the advance maternity request within seven days, starting from the day following that in which the documentation was received (request for early disqualification from work and pregnancy certificate must always be presented).
Did you know that ...
During early maternity, the woman is not subject to a fiscal medical examination and can therefore be considered free to go out at any time of the day. However, in the middle of the 7th month of gestation, it is still necessary to submit the application for compulsory maternity, the duration of which we remember being 5 months.
Despite this, in the event of working or environmental conditions deemed prejudicial to the health of the mother or child and in the event of it being impossible to transfer the woman to perform other duties, the territorial labor inspectorates may adopt the so-called deferred interdiction provision until at 7 months after childbirth.
Premature birth
The request for early maternity in the event of premature birth (before the 8th month) must be submitted by the woman directly to the ASL, electronically or through local charities. In such a situation, the mother will be able to enjoy a period of abstention from work equal to the number of days between the actual date of birth and the presumed date, added to the five months of compulsory "ordinary" maternity envisaged by law. In other words, if the child is born 65 days before the presumed date established by the doctor, the woman will be able to enjoy - naturally after the birth of the child - a period of absence from work of 65 days + five months of compulsory maternity leave.
Please Note
In some cases, in order to obtain early maternity, it may be necessary to present other documents in addition to those listed above. Therefore, for more detailed information on how to apply for early maternity leave and on the necessary documentation, it is always advisable to contact the INPS office in the area of residence, or to the local patronages.
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