Frail workers and caregivers: from 1 January ten hours of leave, here's how to ask for it
In addition to the three days per month provided for by Law 104, there is the possibility of short, recurring absences for visits, diagnostic examinations and courses of treatment
Key points
From 1 January 2026, the protections for frail workers and for those who assist persons with disabilities will be extended with ten hours of paid leave per year. The Inps, with Circular No. 152 of 19 December 2025, provided the operative indications concerning the provisions of Article 2, paragraph 1, of Law No. 106 of 18 July 2025, on 'Provisions concerning job preservation and paid leave for examinations and medical treatment in favour of workers suffering from oncological, disabling and chronic illnesses'. Provision that provides, as of 1 January 2026, for workers employed by private or public employers, suffering from oncological diseases in active phase or early follow-up, or from disabling or chronic diseases, including rare ones, leading to a degree of disability equal to or greater than 74%, the right to enjoy, in addition to the protections provided by the regulations in force, an additional ten hours per year of leave, for examinations, instrumental examinations, chemical-clinical and microbiological analyses, as well as for frequent medical treatment.
Ten hours of leave in addition to the three days of the 104
In addition to the three monthly days of leave, already provided for by Law 104, a new possibility comes into force, designed to cover a very concrete and often underestimated need: that of short and recurring absences linked to specialist visits, diagnostic examinations and therapeutic cycles. The novelty consists, in fact, in ten hours per year of paid leave, which can be used precisely for this type of health services
The new hours do not replace the existing leave, but stand alongside it. This means that the employee can continue to use the three days per month of the 104 and, when necessary, make use of the additional hours. Employees wishing to make use of the additional ten hours of leave must make a request directly to their employer.
From the doctor the prescription of health services
In order to obtain this favourable condition, a general practitioner or specialist doctor, working in an accredited public or private health facility, must issue the person concerned with a prescription for examinations, instrumental examinations, chemical-clinical and microbiological analyses or medical treatment. Once the leave has been taken, the employee must produce to the employer the certificate issued by the facility at which the prescribed health services were performed.
Permits also for sick children
A worker who intends to take leave for his minor child suffering from an oncological disease in an active phase or in early follow-up, or from a disabling or chronic disease, including a rare one, is also entitled to ten hours per year, regardless of any hours already taken for himself. Even in the case of taking hours of leave for a minor child, the worker must declare to the employer, at the time of the request, that he meets the requirements laid down by law, in addition to the medical prescription drawn up by the general practitioner or specialist doctor working in a public or accredited private health facility, and the recognition of the minor child's civil disability equal to or greater than 74%. In the case of several minor children, the ten hours per year are granted to each working parent for each child.
