Female workers involved in protective measures relating to gender-based violence pursuant to and for the purposes of Art. 24 of Italian Legislative Decree 80/2015 and subsequent amendments and additions that are duly certified by the social services of the municipality of residence or by anti-violence centres or shelters have the right to abstain from work for reasons related to the protective measures for a maximum period of 90 working days, as envisaged by the aforementioned law.
For the purposes of exercising the right referred to in this Article, the female worker, except in cases of objective impossibility, is required to give the employer at least seven days’ notice, indicating the beginning and end of the period of leave, and to produce the certification attesting to her involvement in the measures referred to in the preceding paragraph.
The period of leave referred to in paragraph 1 shall be taken into account for the purposes of length of service for all purposes, as well as for the accrual of holidays, 13th month, 14th month and severance pay.
During the period of leave, subject to the provisions of paragraph 3 the worker is entitled to receive an allowance corresponding to her last salary and the period is covered by notional contributions. The allowance is paid in advance by the employer and set off against the contributions due to INPS, in accordance with the procedures laid down for the payment of maternity benefits.
The leave may be taken on an hourly or daily basis over a three-year period, the worker may choose between daily and hourly use, it being understood that hourly use is allowed to the extent of half the average daily working hours of the month immediately preceding the month in which the leave commences.
If the conditions set out in Article 24, paragraph 1, of the aforementioned legislative decree are met and at the worker’s request, the leave referred to in paragraph 1 will be extended for a further 90 days with the right to payment of an allowance equal to 70% of the current salary.
The worker is entitled to the transformation of the employment relationship from full-time to part-time, vertical or horizontal. At the worker’s request, the part-time employment relationship must be changed back to full-time.
The worker involved in the protective measures referred to in paragraph 1 may apply for a transfer to another job contract, even located in another municipality. Within 7 days of the aforementioned communication, having verified the availability of jobs under other contracts, the company commits to transfer the worker.
At the end of the protective measures, the worker can ask to be exempted from difficult shifts for a period of one year.