Italian Supreme Court clarifies night work exemptions for caregivers

The Italian Supreme Court (Corte di Cassazione) has issued a ruling clarifying the rights of caregivers regarding night work exemptions. In ordinance no. 20229, the Court determined that under Article 11 of Legislative Decree 66/2003, a worker is entitled to be exempt from night shifts if they care for a family member with a disability recognized under Law 104/1992.

The Court specified that the law does not require the disability to be classified as 'severe' (as defined by Article 3, paragraph 3 of Law 104/1992) to qualify for the exemption. Instead, the general condition of disability under Article 3, paragraph 1, is sufficient. This decision prevents employers from using organizational needs to deny the exemption to caregivers of family members with non-severe disabilities.