The INPS (Italian National Institute of Social Security) has provided clarification on the terms of prescription and decay applicable to mandatory paternity leave, as outlined in Article 27-bis of Legislative Decree no. 151/2001 (Unified Text on Maternity and Paternity).
Regarding prescription, the Institute states that the annual term provided for in Article 6, last paragraph of Law no. 138/1943 applies. This rules deviates from the standard regime set by the civil code, and it is anticipated for sickness allowances.
The application of the short prescription term to the allowance under contention is based on legitimacy jurisprudence, which establishes a normative connection between paternity and maternity benefits, and between the latter and sickness allowance. This connection is framed within Article 29, paragraph 2 of the Unified Text on Maternity and Paternity, referenced to Article 22, paragraph 2 of the same Unified Text.
In terms of decay, the substantial annual decay term stipulated in Article 47, third paragraph of Presidential Decree no. 639/1970 is confirmed. This is in consideration of certain decisions by the legitimacy jurisprudence in similar matters and the legislative rationale for the measure. The intrinsic nature of the allowance as a form of non-pension social security and a temporary measure is also taken into account.
Furthermore, considering the function of the measure in question, aimed at pursuing a fairer distribution of parental responsibilities within the family and gender equality in the workplace, the one-year term harmonizes with the normative provision for decay applicable to maternity leave.
