Article by Sonia Palmeri. Since 9 August, Law No. 106/2025 has been in force, introducing a new instrument of protection for workers affected by serious illnesses. It is a extraordinary leave up to 24 months, designed for people facing long and complex care pathways (oncological, disabling or chronic diseases), without losing their jobs.
The regulation, in line with the latest European directives on social rights, expands the protection system for the most fragile workers, offering flexibility and security to those battling particularly serious illnesses.
The Italian legislator has, in essence, recognised that the ordinary sick leave institutions, while representing a cornerstone of Italian welfare, do not always manage to meet the needs of those facing long-term illnesses or complex treatments. The new legislation aims to fill this gap, guaranteeing time and flexibility for the most delicate courses of treatment without jeopardising employment stability.
Who is entitled
The benefit is available to employees with a disability of 74% or higher, including those suffering from rare diseases. This is an important recognition for those whose health conditions are often overlooked by the traditional welfare system.
During the leave, the employment relationship is suspended: the employee does not receive salary, but retains the right to job preservation and cannot carry out other work activities.
Flexible leave
The main novelty is the flexibility in use: the 24 months can be used continuously or in instalments, depending on therapeutic needs. A choice that takes into account the cycles of many modern treatments, which alternate between intensive phases and periods of pause or maintenance.
Latestor institute, but with reinforced protections
Extraordinary leave may only be requested after all other periods of absence provided for by law or by collective agreements have been exhausted. The aim is to avoid overlaps and to ensure a balanced use of protection instruments.
This is without prejudice, however, to the application of more favourable disciplines already provided for in contracts or industry regulations.
Effects on contributions and pension
The period of leave is not covered by contributions nor does it count towards seniority, but the employee may redeem it by making voluntary contributions, as is already the case in other cases of leave from work.
Also for the self-employed
For the first time, similar protection is also granted to the continuous self-employed workers (Art. 14 of Law No. 81/2017), who may suspend their activity until 300 days per year, marking a significant evolution in the Italian welfare system.
Gradual return and smart working
At the end of their leave, workers will have a right of precedence in accessing agile work, if compatible with their duties. The intention is to accompany those returning from long therapies on a gradual and sustainable reintegration path.
From 2026 new paid leave
From 1 January 2026, a further measure will come into effect: 10 hours per year of paid leave for visits, examinations or therapies, reserved both for workers suffering from serious illnesses and for parents of sick children. This will also be a concrete signal of attention to families in prolonged care situations.
Inps management and dedicated funds
On the economic front, the rules remain the same as for “serious illness requiring life-saving treatment”: in the private sector, the allowance is paid in advance by the employer and settled with the INPS, while in the public sector, temporary substitutions of staff are envisaged.
The law also provides for specific funds for Inps to upgrade the IT infrastructure and ensure efficient management of the new protections.
Considerations
As a Disability Manager I recognise this law as a step forward, but with considerable room for growth. In the meantime, it raises the profile of an often neglected category of workers (people with rare or chronic disabling conditions), promotes a culture of inclusion in HR policies, pushing employers and PAs to deal with disability, and considers chronicity not just as an “absence”, but as a condition to be managed in a sustainable manner. The introduction, then, from 2026, of the right of priority to smart working, concretises a principle of reasonable accommodation repeatedly invoked.
It would be desirable, however, in the writer's opinion:
- the introduction of a partial allowance during leave (at least at the level of the INPS sickness benefit)
- notional contribution coverage so as not to penalise the pension
- the financing of targeted post-congestion reintegration paths, with customised training plans
All in line with the principles of the UN Convention on the Rights of Persons with Disabilities and European policies of active inclusion.
