It is not always easy to orient oneself in the discipline of the extraordinary license (in general and also for the personnel of the Armed Forces and of the Police, to which the same provisions are applied on the point, except for some specificities), if only in consideration of the fact that the aforementioned discipline is presented in several confused and difficult to find and interpretations profiles, due to its fragmentation and the continuous succession of reforms on the same regulatory basis.
Among the numerous questions currently asked of us by our clients, we can cite here - also given its frequency - the following: What is the relationship between the extraordinary license for sickness and the extraordinary license for parental leave? In other words, and more specifically, are the days of leave required for parental leave to be added or not to those required for an extraordinary license requested in another capacity?
The answer to our question is contained in the art. 15, paragraph 1, of the dprn 171 / 2007. With this in mind, it is established that, "as an exception to the provisions of the 34 article of the legislative decree 26 March 2001, n. 151, to personnel with children under three years of age who intend to make use of the parental leave provided for in article 32 of the same legislative decree, an extraordinary license is granted under article 13 of the decree of the President of the Republic 31 July 1995, n. 394, up to the total size of forty-five days, even split, over the three-year period and in any case within the maximum annual limit set for the same institution".
The rule in question has been modified by the most recent art. 35 of the dprn 39 / 2018 and by art. 11 of the dprn 40 / 2018, by virtue of which the use of the aforementioned license is extended to the first six years of life of the minor child, and which also have this effect engraved on the Compendium of the provisions on the protection of maternity and paternity and leave for special events and causes, as per no. M_D GMIL 0080676 of 12 February 2015 and on circular letter n. M_D GMIL 0855250 of 3 December 2015 (Summary mirror of licenses, permits and rest periods). Therefore, an extension of the period within which the use of parental leave is allowed (from the first three to the first six years of life of the child) has been foreseen, but has not affected the point we are interested in highlighting here, namely say that of the relationship between parental leave and other types of extraordinary license.
Article. 11, paragraph 1, of the dprn 40 / 2018 establishes in particular that “as an exception to the provisions of the 34 article of the legislative decree 26 March 2001, n. 151, to personnel with children under six years of age who intend to make use of the parental leave provided for in article 32 of the same legislative decree, an extraordinary license is granted as per article 13 of the decree of the President of the Republic 31 July 1995, n. 394, up to the total size of forty-five days, even split, over a period of six years and in any case within the maximum annual limit set for the same institution. The provisions of this paragraph also apply for the purpose of defining the proceedings in progress at the date of entry into force of this decree".
From both the aforementioned provisions we get a unique solution to our question. The days of extraordinary license required for parental leave are in addition to those of an extraordinary license used for another reason and for another reason, such as illness. And this with all the consequences of the case, including precisely the necessary compliance with the maximum threshold of 45 extraordinary license days during the year.
It is well understood that, in the event of the aforementioned limit being exceeded, the interested party may still request and obtain additional permits, but with reduced remuneration at 30%, and not instead continuing to benefit from the full salary, as happens instead within the aforementioned threshold.
Avv. Francesco Fameli
expert in military administrative law
Photo: US Army / US Air Force