Constitutional Court: "The 'intentional' mother has the right to paternity leave."
The Constitutional Court has ruled on the issue raised by the Court of Appeal of Brescia, recognising the right of the "second mother" to 10 paid days
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An "intentional" mother is entitled to paternity leave. This is what the Constitutional Court ruled in ruling number 115, filed today. The Court found Article 27-bis of Legislative Decree number 151 of 2001 unconstitutional in that it does not grant mandatory paternity leave to a working woman who is the intended parent of a female couple registered as parents in the civil registry.
The issue was raised by the Brescia Court of Appeal , which deemed the provision in question discriminatory, as it allows only the father to benefit from mandatory paternity leave, equal to 10 days of leave from work at 100% pay, thus excluding the "second mother" from the benefit, in the case in which the parental couple is made up of two women who are both recognized, because they are registered in the civil status registers, as mothers by the Italian State.
(Unioneonline)
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