Italian labor inspectorate clarifies extraordinary leave for disabled‑caregivers

The Italian National Labour Inspectorate (INL) issued Note 950/2026 on 5 May, confirming that employees caring for a family member with a severe disability may take extraordinary leave under article 42, paragraph 5 of Legislative Decree 151/2001. The leave can be used for up to two years, either continuously or in day‑by‑day fractions, provided the worker obtains prior authorization from INPS and notifies the employer in advance.

The note cites a Cassation Court ruling (case 22928/2019) involving a Poste Italiane employee who, despite having INPS approval, was dismissed because he failed to inform the employer before the absence. The decision underscores that the choice of leave days belongs to the worker, but timely communication with the employer is mandatory to preserve job protection.