Labour relations

Applications for civil invalidity, the scope of the reform is widened

From 30 September the procedures of Legislative Decree 62/2024 extended to new provinces. Extraordinary leave for cancer patients already operational

by M.Piz.

18 September 2025

3' min read

Key points

Civil disability
Cancer patients

3' min read

With the application of the new operating procedures introduced by Decree 62/2024 to a further number of provinces, which will be added to those already undergoing experimentation since last January, the territorial scope affected by the reform of the disability condition is growing, pending its entry into force throughout the country, scheduled for 1 January 2027. The reform is intertwined with the one on Law 104 and unpaid leave introduced for oncological patients by Law 106/2025 and as a whole constitutes a significant step forward on the front of social policies in favour of frail persons.

Civil disability

The new application procedures for the recognition of civil invalidity, as anticipated, from the end of the month will also affect the provinces of Alessandria, Genoa, Isernia, Lecce, Macerata, Matera, Palermo, Teramo and Vicenza, the Autonomous Region of Valle d'Aosta and the Autonomous Province of Trento. In these territories, as of 30 September, the procedure will start with the drafting of the new introductory medical certificate issued by the authorised certifying doctors, who will then have to submit the application to start the process for the 'basic assessment', a unitary and multidisciplinary procedure aimed at ascertaining the condition of disability and the intensity of the necessary supports. It is an assessment entrusted exclusively to the Inps, which will take place in a single collegial visit and will be based on the use of the Icd and Icf international classifications adopted by the World Health Organisation.

Under the new modalities, the application will therefore no longer have to be completed by the citizen, the Patronati or authorised intermediaries.

The procedures activated with the medical certificates, drawn up in the previous manner, must be completed with the submission of the relevant administrative application by the deadline of 29 September 2025.

Cancer patients

Already fully operational are the provisions introduced in favour ofoncology patients, public and private employees, by Law 106/2025, in force since 9 August, which provide for job preservation and the use of leave for visits, examinations and medical treatment.

The measures concern workers whose illness involves a degree of disability equal to or greater than 74%, certified by a general practitioner or a specialist doctor, working in a public or accredited private health facility, who are granted the right to an extraordinary leave up to 24 months. The leave may be taken continuously or in instalments and is incompatible with other work. During the period of leave from work, seniority does not accrue and the employee does not receive pay. Moreover, this period does not count for social security purposes, but the employee may redeem it by voluntary contribution.

The law provides that the new leave - which constitutes a protection of last resort - does not constitute an obstacle to the enjoyment of other economic or legal benefits already enjoyed by the employee, and its use presupposes that the other periods of absence (paid or unpaid) to which the employee is entitled for any reason whatsoever have elapsed.

Once the period of extraordinary leave has elapsed, the worker is also granted priority access to smart working, provided that his or her job is compatible with agile working.

In the case of self-employed workers who are in the same condition as sickness, the right is instead established to suspend the activity rendered on a continuous basis for a maximum of 300 days per calendar year (compared to the 150 provided for other sicknesses), during which no consideration accrues. Through the reference to Article 14(1) of Law 81/2017, the termination of the relationship due to the principal's interest ceasing to exist is, however, reserved.

The law also provides for a novelty, in this case as from 1 January 2026, concerning leave for visits, examinations and medical treatment: an additional 10 hours per year covered by an indemnity will be granted to employees who qualify for extraordinary leave (for oncologists, however, the case of an illness 'in active phase or early follow-up' is added). The allowance provided corresponds to the economic treatment of sick leave with imputed social security coverage.