Extraordinary leave 104 is a benefit provided for employees, both public and private, who must care for family members with serious disabilities. This leave consists of a paid period of up to two years, usable over the course of a working life. The legislation, contained in article 3, paragraph 3 of the Law of 5 February 1992, n. 104, and in Legislative Decree No. 151 of 2001, guarantees important support for those who find themselves having to reconcile work and assistance to disabled people
.
Requirements for Accessing Extraordinary Leave
In order to take advantage of extraordinary leave 104, certain requirements must be met. The main one is that the person to be assisted must have a serious disability, recognized by an integrated ASL/INPS medical commission. In addition, the person should not be admitted full time to hospital facilities, unless these are special situations such as interruptions for therapy
or certified medical examinations.
Who Is Eligible for Extraordinary Leave 104
The right to extraordinary leave follows a specific hierarchy of priorities:
- Cohabiting spouse, part of the cohabiting or de facto cohabiting civil union.
- Father or mother, including adoptive or foster parents, in the absence or death of the cohabiting spouse.
- Cohabiting child, in the absence of a cohabiting spouse and parents.
- Cohabiting brother or sister, in the absence of a cohabiting spouse, parents and children living together.
- Relative or related within the third degree living together, in the absence of a cohabiting spouse, parents, children and brothers/sisters living together.
Cohabitation with the disabled family member must be established at the beginning of the leave period and maintained for its entire duration.
Who Can’t Apply for Leave
Some categories of workers are not entitled to overtime leave 104. Among them:
- Domestic workers and family members
- Home workers
- Day farm workers
- Self-employed workers
- Parasubbordinate workers
Duration and Mode of Use of the Leave
Extraordinary leave has a maximum duration of two years, which can be taken entirely or in a fractional manner, but not on an hourly basis. It is important to emphasize that during the leave period, holidays, thirteenth, or other contractual rights such as family allowances do not accrue
.
How to Apply
The application for extraordinary leave must be submitted to the INPS through the online portal, using the SPID, CIE or CNS credentials. Alternatively, it is possible to contact the INPS Contact Center or to the sponsoring bodies.
Amount and Salary During Leave
The expected allowance corresponds to the salary for the last month of work, with an annual maximum limit that is reassessed every year. For the year 2023, the maximum amount is set at 53,686.65 euros. The allowance is anticipated by the employer and adjusted with the contributions due to the INPS
.
News for 2025: Disability Reform
Since 2025, with the Disability Reform, important changes are planned for extraordinary leave. The main changes concern the process of recognizing civil disability and access to related benefits, with an approach based on a multidimensional assessment of disability and the development of a personalized life project
.
What to Do If Your Application Is Rejected
In the event that the application for extraordinary leave is rejected, it is possible to appeal to the provincial committee of the territorial structure of the INPS. Alternatively, you can take legal action
.
Controls and Penalties
The INPS, in collaboration with law enforcement agencies, checks the correct use of extraordinary leave. The abuse of this benefit can lead to dismissal for just cause and the initiation of criminal proceedings, with sentences that can reach up to three years
in prison.
Conclusion
The 104 extraordinary leave represents an important support tool for workers who care for family members with severe disabilities. With the news coming from 2025, it is essential to stay updated on the rules and methods of accessing this benefit to ensure its correct and legitimate use
.