Maternity

General Information

Maternity leave is the period of compulsory abstention from work during pregnancy and puerperium, granted to female employees including doctoral and post – doctoral students. During the period of maternity leave, PhD student receives an INPS contribution. SISSA integrates it up to the total amount of the PhD fellowship. Under certain conditions that prevent the mother from receiving the leave, the abstention is granted to the father (paternity leave). The right to the maternity leave and the contribution are also provided in the case of adoption or fostering of minors. The procedure for compulsory abstention differs according to whether there is a risk for mother’s and unborn child’s health, such as handling loads, exposure to biological agents, ionizing radiations etc.

For more details, please refer to the attached A, B, C of Legislative Decree nb. 151, March 26th, 2001 (DL 151/2001).

In the case of doubt about risks, mother can refer to her PhD supervisor and Safety Office (safety@sissa.it).

Congratulations new mum! Please inform Students’ Secretariat

After pregnancy is confirmed, the PhD student must inform the Students’ Secretariat, and her Supervisor by submitting the following documents:

- Declaration of pregnancy status (to be submitted until the 28th week of pregnancy) – student can use the form for the PhD Fellowship suspension and enter “pregnancy” as reason; the dates of the beginning and the end of suspension MUST be 2 months before and 3 months after the due date of birth (please see also below Flexibility of maternity leave);

- Pregnancy certificate drawn up by the Gynecologist with due date of birth.

Students’ Secretariat asks to student’s Supervisor if her job involves risks for the mother and the unborn child.

Tasks that do not involve risks for the mother and/or the unborn child

The Supervisor certifies that there are no tasks in student’s activity that involve risks for the mother and the unborn child. The Phd student can continue her activities until the date of compulsory leave (2 months before the estimated due date and 3 months after child’s birth, see also below Flexibility of maternity leave). Before the beginning of maternity leave, student must ask for the INPS maternity contribution (see below: INPS maternity/paternity leave contribution and References section).

Tasks involving risks for the mother and/or the unborn child health

The Supervisor, in agreement with the PhD Coordinator, immediately allocate the PhD and Postdoctoral student to not dangerous activities; if there are not alternative tasks available to the dangeous ones, immediate suspension is requested. In order to do it, the supervisor sends an official letter to General Secretary (cc PhD Coordinator) where he states if the student can be assigned to not dangerous activities or not. The General Secretary replies to Supervisor (cc PhD Coordinator and Safety Office) with an official letter (prepared by Students’ Secretariat). He confirms that student can change activity or that her maternity leave is anticipated. Immediately, student must ask for the INPS maternity contribution (see below: INPS maternity/paternity leave contribution and References section).

Not job-linked risks

If student’s gynecologist considers that there are some risks for mother's and/or unborn child's health for any reason (it happens in the case of previous pathologies or for more-than-35-years-old mothers), the maternity leave is anticipated.

- In the case the risk is certified by a gynecologist of the National Health Service (SSN) (i.e. a “Burlo Garofolo” Hospital gynecologist), student sends the gynecologist’s certificate to Students’ Secretariat and inform her Supervisor. General Secretary send an official letter to Student (cc Scientific Secretariat, Emolumenti Office) about the confirmation of the anticipated maternity leave.

- In the case the risk is certified by a private gynecologist, student send the certificate to ASL, Ufficio congedo anticipato maternità, cc phd@sissa.it. ASL must respond in 7 days. If ASL does not respond, the request is considered accepted. If ASL rejects the request, student has 10 days to forward further documents or considerations to ASL. If the anticipated maternity leave is accepted, student send an e-mail to Students’ Secretariat. General Secretary send an official letter to Student (cc Scientific Secretariat, Emolumenti Office) about the confirmation of the anticipated maternity leave.

When the anticipated maternity leave is accepted, student must ask for the INPS maternity contribution (see below: INPS maternity/paternity leave contribution and References section).

Flexibility of maternity leave

Without prejudice to the total duration of maternity leave, students may abstain from PhD activity from the month before the expected date of birth and within four months of childbirth or even from the due date of birth for the following five months, provided that the specialist doctor of the National Health Service (SSN) or affiliated with it and the doctor in charge for the prevention and protection of health in the workplace certify that this option does not harm the health of the pregnant woman and the unborn child.

Flexibility procedure

The PhD student submits to the Students’ Secretariat, and to her Supervisor:

- An e-mail asking for the Maternity Leave Flexibility - to be submitted at least before 24th week of pregnancy (as soon as possible is strongly recommended);

- Medical certificate of her Gynecologist with the following statement:

“In atto non sussistono controindicazioni all'espletamento dell'attività lavorativa sino al compimento dell'ottavo mese di gestazione (/data presunta del parto), né per la gravidanza, né per il nascituro".

(English translation: "There is not contraindication to continue the work activity until the completion of the eighth month of gestation (/the presumed date of birth) neither for the pregnant nor for the unborn child".)

The Students’ Secretariat asks to Controlli Sanitari (controlli.sanitari@sissa.it) to book an appointment with the doctor in charge for the prevention and protection of health in the workplace, on behalf of the student. The appointment will be fixed around the end of the 7th month of pregnancy (28th week of pregnancy).

The doctor in charge for the prevention and protection of health in the workplace visits the PhD student and formulates a medical advice of suitability/unsuitability for the continuation of the activities up to the period stated by law and requested by student.

The doctor issues two copies of his/her medical report for the PhD student and the Student Secretariat.

The General Secretary sends an official letter (prepared by Students’ Secretariat) to Supervisor (cc PhD Coordinator and Safety Office). He will confirm that student can change activity or that her maternity leave is postponed.

When the postponed maternity leave is accepted, student must ask for the INPS maternity contribution (see below: INPS maternity/paternity leave contribution and References section).

End of procedure

When the dates of suspension are official, Students’ Secretariat informs PhD Coordinator, Scientific Secretariat, and Emolumenti Office about the suspension.

INPS maternity/paternity leave contribution

Before the maternity leave, the student must ask for the contribution of compulsory leave to INPS (SPID required). INPS will pay the 80% of the SISSA fellowship. (check below References section). As usual, mothers can be supported in their requests by Patronatos.

After the maternity leave, SISSA will integrate the INPS contribution with the resting 20% of the fellowship. An e-mail (signed by the General Secretary) will be sent to INPS (cc student, Emolumenti Office) to ask for the total amount of money of the INPS maternity/paternity leave contribution.

Law 234/2021

The Law 234 of 30/12/2021, c. 239 states that the women registered in INPS Gestione Separata, who fiscally declared less than 8.145 € in the year before the maternity can ask for 3 months more of maternity leave contribution. Normally, PhD scholarship is not a taxed income. Patronato should help mothers in this part of the INPS contribution.

Here’s the original text of c. 239 of L. 234/2021:

"Alle lavoratrici di cui agli articoli 64, 66 e 70 del testo unico delle disposizioni legislative in materia di tutela e sostegno della maternità e della paternità, di cui al decreto legislativo 26 marzo 2001, n. 151, che abbiano dichiarato, nell'anno precedente l'inizio del periodo di maternità, un reddito inferiore a 8.145,00 euro, incrementato del 100 per cento dell'aumento derivante dalla variazione annuale dell'indice ISTAT dei prezzi al consumo per le famiglie di operai e impiegati, l’indennità di maternità è riconosciuta per ulteriori tre mesi a decorrere dalla fine del periodo di maternità".

Contribution for new mothers enrolled in a PhD SISSA course

Contribution for new mothers enrolled in a PhD SISSA course

The PhD student can ask for this contribution also in the period of "Congedo Parentale" after the compulsory suspension for maternity leave. The contribution is for 1 year maximum and in any case until the beginning of the educational year useful for the insertion of the child in the nursery (usually when the child is 13 months old).

Parental Leave

After the compulsory abstension for maternity, mothers and fathers have the possibility to ask for the Parental Leave (Congedo Parentale) up to 6 months for any child/parent. The Parental Leave can be asked when the parents want, before the 12 years old of the child. The contribution is 30% of the PhD fellowship. The complete information is here (italian): INPS - Congedo Parentale

References

INPS website: INPS - Dettaglio Prestazione: Indennità per congedo di maternità e di paternità alternativo per lavoratrici e lavoratori dipendenti

Information in English (inps.it)

Maternity and paternity leave allowance (inps.it)

INPS document about L. 234/2021: INPS - Circolare numero 1 del 03-01-2022, punto 2.2.

PhD Regulations, art. 15, c. 3-4.

Legislative Decree 26 March 2001, n. 151 (anticipated maternity leave, art. 15)

Consolidated text of the legislative provisions on the protection and support of maternity and paternity, pursuant to Article 15 of Law no. 53 of 8 March 2000

DM of 12 July 2007 (Ministero del Lavoro e Previdenza Sociale)

Application of the provisions referred to the articles 17 and 22 of Legislative Decree 26/03/2001, n. 151, to protect and support maternity and paternity towards workers enrolled in “Gestione separata INPS”