Name of Educational Leave Scheme

Paid Educational leave

• Introduction
• Legal framework
• Objectives
• Types of training
• Training providers
• Target sector(s)
• Target group(s)
• Eligibility criteria
• Stipulations for participants
• Duration of training
• Status of participants
• Application procedure
• Regulation, control and monitoring procedures
• Funding mechanisms
• Overall funding level
• Payment to persons on leave

The 'Workers' Statute' (Law 300/1970) already provided for student-workers' daily paid leave in order to take both school and university examinations, as well as for the right to course and examination preparation compatible with working shifts.
The concept of unpaid study leave was first introduced in a national agreement signed in 1996 between trade union and employer federations and the government.
The new Italian Law 53/2000 (8.3.2000), which implements unpaid study leave, further introduces:

1. under article 5, educational leave for both public and private employees who have been working with the same company or organisation for at least five years. The aim is to provide study leave to complete compulsory school education, to obtain a school leaving certificate, a qualification from a college, a university degree or doctorate, or to take part in training activities not organised or financed by the employer. The maximum duration of the educational leave is 11 months during working lifetime. According to the law, study leave does not include any payment and the exercise of this right does not involve industry in any cost whatsoever.
2. under Article 6, continuing training leave for both employed and unemployed workers, with the right to follow lifelong training, to improve professional knowledge and skills. The training could be of free individual choice, but also an in-company-programmed initiative, or a local training initiative agreed by the social partners.

In Italy, university teachers are entitled to sabbatical leave and the ultimate aspiration is to to achieve this right for all employees in the future.

Free-choice individual training is regulated by collective agreements, in which financial support is foreseen.

In-company or local training initiatives can be financed by the Fondo interprofessionale (Interprofessional Fund) as provided for in article 17 of Law 196/1997 ("Treu Act").
The Regions can also finance individual or collective training programmes from the Fondo per l'occupazione (Occupational Fund), in accordance with Law 236/1993.

The law in question purposes to promote a balance between working time, care and training, aided by the introduction of continuing training leave and the extension of educational leave, as established by Law 300/70. In particular, it grants workers the right to continuing training activities and to increase their knowledge and occupational skills, while Central, Regional and Local Authorities have to ensure an integrated training supply, available locally.

The objective is to give young people age 16 and 17 who left school with little or no qualifications a second-chance opportunity to work towards a Level 2 qualification.

The provisions of the article 10, Law 300/1970 remain in force, i. e. regular courses of studies in primary and secondary education institutions and in vocational schools, courses leading to public or legally recognized certicates, as well as the daily paid leave to take school and university examinations.
The new law 53/2000, moreover, provides for leave to complete compulsory education, to take a school leaving certificate, intermediate or higher degree, to participate in self-directed training activities, also outside the field of one's work. Continuing training, in accordance with stipulations in Law 196/1997 provides for a wide variety of opportunities.

Every training institution, either public and private, on condition that it provides individual courses, certified and recognized for the purpose of training credit at national and European level.

Private and public sectors.

Continuing training leave is available to all employed and unemployed workers.

Both public and private employees should have been working for the same company or administration for at least five years.

After Law 53/2000 has come into force, future collective agreements will stipulate conditions for employees taking leave.

For educational leave, a maximum of 11 months in a working lifetime.

An employee must have served at least five years with her/her employer. During educational leave, the employee does not have a right to wages. The employment relationship (i.e. contract) is interrupted or suspended during the study leave period: the company is only obliged to keep the employee` s position open.

Leave criteria will be provided in collective agreements, to be negotiated when Law 53/2000 comes into force. The employee must submit to his/her employer notice of the educational leave no less than thirty days before the start of the course.

Leave periods are omitted when calculating service seniority, and they can not be combined with holidays, periods of sick leave or other types of leave. Proof of serious illness can in some cases interrupt educational leave.
Employers are entitled to reject an application or postpone it because of proven organizational interests. Collective agreements provide a framework for processing the various applications, such as the maximum number of users, rejection or postponement of leave, as well as timing of notice, (in any case no less than 30 days).
The employee can forego the educational leave period, or pay the social-insurance taxes as voluntary contributions.
For continuing training leave, collective national and local agreements will regulate:

1. duration of leave;
2. eligibility criteria;
3. rules for payment to those on leave.

Continuing training initiatives, included in either company or local plans, can be financed by the Interprofessional Fund for continuing training, as stipulated in article 17 of the Law 196/1997.
Workers' vocational training programmes, providing negotiated working time reductions, as well as self-determined, individual training programmes, can be financed by Regional Authorities.

Alone for the regional financing of continuing training leave, EUR 15,5 million are provided from the Employment Fund, in accordance with the Law 236/1993. The Ministry of labour, with the consent of the Treasury, shares this funding between the Regions, having conferred with the permanent conference of Regions and the Autonomous Provinces of Trento and Bolzano.

Educational leave is unpaid, but there are mechanisms for providing financing for continuing training leave.
Future collective agreements may introduce more favourable rules with regard to educational leave.