Italian Law no. 104/1992 introduced the possibility for public and private workers to take paid leaves to care for family members with disabilities. Over time, case law has specified the correct use of these permits, determining which connected activities are allowes as well as those that may feature an abuse of such a benefit. Italian Law No. 104 of February 5, 1992, aims to guarantee the freedom and independence of persons with disabilities, promoting their full integration into family, work, and social life. This regulation also ensures prevention, treatment, and rehabilitation services for persons with mental and physical disabilities, providing adequate legal and economic measures to this end. The mentioned norm also paid permits, pursuant to its Section 33, paragraph 3, which allow a total of three days per month, which are fully paid and covered by imputed contributions. These permits are available to public or private sector workers who assist their spouse or civil partner, cohabiting partner, or a relative or relative by marriage up to the second degree, who has a certified severe disability. Notwithstanding the three-day limit, this provision allows people with disabilities to be assisted by more than one person, provided they all meet the requirements for this task, who may take turns in providing this kind of assistance. Similarly, on the other hand, employees have the right to provide assistance to more than one person with a severe disability, portioning the amount of paid permits granted by national regulation. Employees covered by the relevant legislation are allowed to work at the location closest to the home of the person they are caring for, without the possibility of being transferred to another location without their consent (where possible, based on the internal organization of the company). They are also granted with priority access to remote working or other forms of flexible working in comparison with other employees who do not benefit from these permits, as provided for by law. In recent years, lower and higher-courts case law have ruled on the numerous cases that the use of these permits has created in practice. In this sense, the Italian Supreme Court clarified that the care activities eligible for leave under Article 104/1992 include not only direct care for disabled family members, but also all complementary and ancillary activities that make the care useful. These include, for example, the purchase of medicines, food and hygiene products, obtaining prescriptions from the family doctor, and assisting the disabled person in participating in social, sporting, and religious events. More recently, the Italian Supreme Court also stated that it is not required that the assistance defined by Law no 104/1992 is provided necessarily during the working hours that the benefitting employee would have had to work in order to legitimately use these permits (Order No. 23185, August 12th, 2025). In the case at issue, in fact, an employee who was supposed to carry out his ordinary working activities during the day has, in fact, taken his permits provide care in the evening and at night. The same Court has also repeatedly pointed out that improper use of the permit (e.g., carrying out activities that are different and unrelated to assisting the disabled family member or providing assistance for an extremely short amount of time) features an abuse of this benefit and may justify the dismissal of the involved employee for just cause (Orders No. 1227 of January 17th, 2025 and No. 2157 dated January 30th, 2025). Ultimately, it appears that the right to paid permits pursuant to Section 33, paragraph 3, of Law No. 104/1992 constitutes a substantial protection for employees who provide assistance to family members with severe disabilities, striking a balance between personal needs and professional obligations. However, an abuse of this benefit that would be contrary to its purpose of solidarity may justify the employee’s termination for just cause. This regulation is, therefore, confirmed as an expression of a balance between individual rights and collective responsibilities.
2026 - Morri Rossetti
