Workers with serious illnesses: new measures to safeguard health-related needs and the right to work

Last Updated on August 4, 2025

Law no. 106 of 18 July 2025 introduces new support measures for workers with particular health conditions, with a view to guaranteeing job protection and service flexibility, thus contributing to a more equitable and inclusive world of work.

The law refers to public and private employees suffering from cancerdisabling or chronic diseases (including rare ones), with a percentage of disability of 74% or higher, as well as to self-employed workers suffering from the same conditions.

Once the periods of justified leave to which they are entitled for any reason (e.g. illness, paid and unpaid leave) have been exhausted, workers are entitled to a further 24 months (continuous or split) of unpaid leave. During this period, the worker has the right to retain their job, but must not perform any other work.

The leave in question does not count towards length of service or social security.

However, this is without prejudice to the possibility of applying any more favourable provisions provided for in collective bargaining agreements or employment contracts.

The illness must be certified by a general practitioner or a specialist working in an accredited healthcare facility.

At the end of the leave, if the duties envisaged permit, the worker is entitled to priority access to flexible working as provided by Law no. 81/2017.

From 1 January 2026, the right to an additional 10 hours of paid leave per year for medical appointments, examinations, tests and other treatments will also be introduced. This right also applies to workers with cancer undergoing early follow-up, as well as to parents of minors suffering from one of the above-mentioned diseases.In the private sector, from an economic point of view, the allowance is advanced by the employer, who will then recuperate it by adjusting social security contributions.

Self-employed workers suffering from the same diseases are entitled to suspend their work for a period not exceeding 300 days per calendar year, instead of the 150 days currently provided for in cases of pregnancy, illness and accidents (see article 14 of Law no. 81/2017).

Toffoletto De Luca Tamajo is at your disposal for any further clarification or details. 

For further information: comunicazione@toffolettodeluca.it