By Valeria Morosini, Firm: Toffoletto De Luca Tamajo e Soci

The Italian social security authority has ruled that periods of employment outside the EU can be taken into account in calculating the five years of contributions needed for maternity and paternity leave to be taken into account for social security purposes.

The Italian law on maternity (the ‘TU Maternità’) provides that periods of maternity and parental leave used out of the employment relationship can be taken into account for social security purposes, provided that the employees have paid at least five years’ social security contributions.

With Instructions n. 3730/2019, the Italian Social Security Body has confirmed that not only periods worked in an EU country have to be taken into account for the purposes of the five-year contribution requirement, but certified periods worked in a non-EU country with which Italy has a social security agreement can also be included.