Italian courts reinforce caregiver rights under Legge 104

Recent Italian judicial rulings have reinforced the rights of workers utilizing Legge 104/1992, which provides protections for those assisting family members with severe disabilities.

The Tribunal of North Naples ruled that employees providing continuous assistance to a person with a severe disability have a subjective right to be transferred to a workplace closest to the care recipient's home. The court established that employers, whether public or private, cannot reject these requests based on vague organizational needs; such refusals are only legitimate if supported by insurmountable documentary evidence.

In a separate matter, the Court of Appeal of Bologna upheld the reinstatement of a worker who had been dismissed after being photographed at the beach during leave periods. The court clarified that while the purpose of Legge 104 permits and extraordinary leave is to provide care, the law does not require uninterrupted, minute-by-minute presence. The central legal standard remains the effectiveness of the assistance provided rather than constant supervision.