Faced
with the same event, there are different regulations designed to safeguard
working mother-doctors, depending on whether they are hospital employees,
private nursing home employees, contract operators within the National Health
Service or freelancers, although the Law no. 53/2000 first and the Consolidated
Law later have already removed a number of differences.
For freelance mother-doctors,
the law prescribes, for the 5 months which in the case of employees correspond
to the period of compulsory abstention from work, an economical allowance
and the safeguard of
* ENJOYMENT PERIOD – the two months preceding the scheduled delivery date
and the three months following delivery.
* AMOUNT - 80 percent of the five twelfths of professional income (a ceiling
figure is currently being worked out) stated in the tax return during the
second year preceding application (and not the assumed pregnancy starting
date or the assumed abstention from work starting date or the assumed delivery
date).
* MINIMUM - five twelfths of 80 percent of the minimum standard annual wage
prescribed for employees; in the event of abortion after completion of the
third month, one twelfth is due, whereas after the sixth month full allowance
is due; full allowance is also due in the event of adoption.
* APPLICATION – on unstamped paper, to be addressed to ENPAM.
* TERM FOR APPLICATION SUBMISSION – from completion of the sixth month to
180 days after delivery; in the event of abortion after completion of the
third month: within 180 days from abortion; in the event of adoption: within
180 days from the child’s entry into the new family unit.
* CERTIFICATES – physician’s certificate stating the pregnancy starting date
and the scheduled date of delivery, as well as a declaration stating the non-existence
of an entitlement to maternity allowance with other employers; in the event
of adoption: a declaration stating the non-existence of an entitlement to
maternity allowance by virtue of any other right and the date of the child’s
actual entry into the family; in the event of abortion after the third month:
physician’s certificate, issued by the local health unit (ASL) that has provided
the related health services, confirming the date on which the spontaneous
or therapeutic abortion occurred.
* ADOPTION OR PRE-ADOPTION FOSTERAGE – provided the child is under six years
of age.
* ABORTION – whether spontaneous or therapeutic, after the third month of
pregnancy, granted to employees as a 30-day economic allowance; prior to completion
of the third month, sick leave is granted for the period of absence from work.
The law prescribes that maternity-related
allowance be borne by the respective national insurance funds for freelancers.
For medical practitioners, the allowance is therefore granted by ENPAM, unless
of course this entitlement is already provided for and allocated by another
body. Interruption of professional activity is not compulsory, since article
1 of the law 279/90 does not prescribe as condition for granting the maternity
allowance that the freelance worker actually refrains from work, but only
that she may experience this delicate and fundamental period with absolute
serenity, with no prejudice to her professional activity.
Furthermore, in view of the allowance - and not reimbursement - nature of
the maternity benefit for freelancers, it is not necessary for the social
security agreement to be in force as from the first day of the five months
concerned: of course the grant will be proportioned to the period of actual
coverage. In particular, the maternity allowance is granted by ENPAM for the
full five-month period also: · in the event of pre-adoption fosterage, as
from the date of the child’s entry into the family · in the event of premature
delivery · in the event of child’s death during the so-called period of “post-partum
compulsory abstention” · in the event of spontaneous or therapeutic abortion
after the sixth month.
Please be reminded that contract NHS medical practitioners are regarded as
freelancers. For Outpatient specialists, regarded to be in a para-subordinate
position, the contract regulations covering pregnancy and maternity provide
for the possibility of an absence for an overall period of 6 months, of which
only 14 weeks are remunerated by the Health Units (ASL).
In addition, a non-remunerated period of leave may be applied for (2 years
maximum within the three-year period).
During the portion of the compulsory maternity leave which is not remunerated
by the Health Units it is possible to submit an application to ENPAM General
Fund to obtain a maternity allowance, represented by a fraction of the mean
annual contribution paid in favour of the medical practitioner during the
calendar two-year period preceding abstention from work (in other words, the
allowance is reduced by the 14-week period of remunerate abstention from work
granted by the National Health Service).
We wish to remind the reader that, both men or women, all active medical practitioners
(that is from their enrolment up to the age of 65 or to the date on which
they are granted retirement status by the General Fund) are bound to pay the
contributions prescribed for the maternity protection fund.
Traslated by Interpres Sas
