LABOUR | The Italian Supreme Court on notice requirements for fathers taking paternity leave

A father who resigns during the first year of his child’s life is not required to give notice or pay the corresponding indemnity in lieu of notice, irrespective of the type of paternity leave taken. In judgment No. 17285 of 1 June 2026, the Italian Supreme Court clarified that, under the legal framework applicable before the reform introduced by Legislative Decree No. 105 of 30 June 2022, the employer was entitled to withhold the indemnity in lieu of notice where the father had taken only mandatory paternity leave. Following the reform, however, this distinction no longer applies: the exemption under Article 55 of Legislative Decree No. 151 of 26 March 2001 now applies regardless of the specific type of paternity leave taken by the father.

Newsletter n. 120 – July 2026