INPS updates rules on sick leave and pension recovery in Italy

Recent developments in Italian social security regulations and judicial rulings have clarified the responsibilities of workers regarding sick leave and pension payments.

As of September 4, INPS has updated its handling of retroactive sick leave certificates. Previously, the institute often invalidated certificates that indicated illness began the day before the medical visit. This practice frequently resulted in economic penalties for workers and employers regarding the first three days of illness, known as the deficiency period. The new policy acknowledges medical practice where a worker declares illness starting the day prior to the consultation, provided specific conditions are met.

Separately, the Court of Cassation (sentenza 25154/2026) has ruled on the recovery of undue pension payments. The court clarified that if a worker returns to employment after applying for retirement but before the pension officially begins, they must immediately notify INPS. Failure to do so allows the institute to reclaim any pension funds paid during that period. The ruling emphasizes that the burden of reporting employment status lies with the individual, and the institute is not obligated to continuously monitor the employment status of retirees to prevent such errors.