ALERT / SEPTEMBER 24, 2025
Italy introduces new leaves for oncological, disabling, or chronic diseases
Italy has introduced new leave entitlements for employees suffering from oncological, disabling, or chronic diseases, which include:
Up to 24 months of unpaid leave (effective from 9 August 2025).
Up to 10 hours of paid leave per year for medical visits, examinations, tests, and treatments (effective from 1 January 2026).
Background
These leave entitlements for employees suffering from oncological, disabling, or chronic diseases were introduced by Law No. 106 of 2025 (the “Law”), which was approved by the Senate on 8 July 2025 and published in the Official Gazette on 18 July 2025. The Law came into force on 9 August 2025 and aims to strengthen the protection of employees suffering from serious long-term illnesses that require ongoing treatment or monitoring.
Key details
Unpaid leave for employees suffering from oncological, disabling, or chronic diseases
From 9 August 2025, employees suffering from oncological, disabling, or chronic diseases, which involve a degree of disability equal to or greater than 74%, are entitled to request up to 24 months of unpaid leave.
This leave may be taken continuously or split in multiple periods. To qualify for this leave, the employee must obtain a certificate issued by their general practitioner or specialist doctor at an accredited health facility.
During this leave, the employee retains their job, is not entitled to remuneration and cannot carry out any type of work. Such leave may only be taken once all other types of leave available to the employee are exhausted.
After the leave is completed and the employee returns to work, the employer is required to give priority to any request from the employee for flexible working, where the work permits. Flexible working is regulated under Chapter II of Law No. 81 of 22 May 2017 (opens a new window) and must be based on an agreement between the employer and the employee. (More details on Italy’s flexible working provisions can be found on Lockton’s guide to remote working legislation around the world here (opens a new window).)
While employers may refuse requests for flexible working agreements, the Italian Court of Cassation in Judgment No 605 of 10 January 2025 held that when a worker has a disability, remote working may constitute a reasonable accommodation under anti-discrimination law, which the employer is obliged to consider and, where appropriate, grant. Therefore, in handling a flexible working request, employers should assess whether the employee’s specific condition makes granting a flexible working arrangement a reasonable accommodation.
Paid leave for medical visits, examinations, tests, and treatments
From 1 January 2026, employees suffering from oncological (in the active or early follow-up phase), disabling, or chronic diseases, which involve a degree of disability equal to or greater than 74%, will be entitled to an additional 10 hours of paid leave per year. This paid leave is for medical visits, instrumental examinations, chemical-clinical and microbiological tests, and medical treatments.
To qualify for this leave, the employee must obtain a prescription from a general practitioner or a specialist doctor at an accredited health facility.
The employee will be entitled to compensation equivalent to statutory sick pay for such leave, which will be paid by the employer and subsequently reimbursed by the National Social Security Institute (INPS).
This paid medical leave will also be extended to employees with a minor child suffering from oncological (in the active or early follow-up phase), disabling, or chronic diseases, which involve a degree of disability equal to or greater than 74%.
Employer action: ACT
Employers should review and prepare to update their internal policies, practices, and procedures, as well as employment contracts, as needed, to reflect the new leave entitlements. In particular:
Employers should assess the impact of the new leave entitlements on their current leave benefits. The new leave entitlements may also have an impact on employers’ operational and manpower arrangements.
Employers should also assess how the new leave entitlements will operate alongside the relevant national collective bargaining agreements, which may already include supplementary sick leave benefits which must be borne by employers.
With the introduction of leaves for oncological, disabling, or chronic diseases, employers may also wish to review how they structure disability benefits or health insurance plans.
Further Information
