Who can request Law 104 leave?

The severely disabled worker, or their spouse, cohabiting partner, relative up to 2nd degree (parents, children, siblings, grandparents, direct grandchildren). In specific cases also relatives up to 3rd degree. Only one referent per disabled person, except for parents of a severely disabled child.

Is Law 104 leave paid?

Yes, the 3 monthly days are fully paid. INPS advances the payment to the employer, who includes it in the payslip. There's no salary reduction. Social security contributions also continue to accrue normally.

Can I split the leave into hours?

Yes. The 3 days correspond to 18 hours (for a 36h/week full-time schedule) and can also be used in hour fractions, with prior notice to the employer. Useful for medical appointments or short therapies without using a whole day.

Do I need to notify my employer before taking leave?

Yes, usually 3 days' notice is required, except for sudden emergencies (last-minute medical appointments, emergency involving the assisted family member). It's good practice to agree on a monthly calendar with the employer.

What's the difference between civil disability and Law 104?

Civil disability is expressed as a percentage and gives access to economic benefits (monthly allowance from 74%, pension at 100%, caregiver allowance if not self-sufficient). Law 104 recognises handicap and grants work leave, tax benefits and workplace rights. You can have both and they're often requested together.

Can the employer refuse or challenge the leave?

No, if you have the severe handicap report under art. 3 par. 3 and have submitted the formal request to HR, the employer can't refuse. They can only ask to plan the days to ensure service continuity. Misuse of leave, however, can be grounds for dismissal for just cause.

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Law 104: work leave and benefits

Law 104/92 recognises severe disability and grants 3 days of paid monthly leave to the disabled worker or to a relative who assists them (caregiver). Beyond leave days, Law 104 provides tax benefits (4% VAT on cars, medical deductions), the right to work at the nearest location and extraordinary paid leave up to 2 years. The process starts with your GP and goes through the ASL medical commission.

Authority

INPS

Time

40 min (+ tempi commissione ASL)

Updated

Apr 2026

What you need

✓SPID, CIE or CNS (or authorise a patronage office)
✓GP's introductory medical certificate
✓Certificate number (the GP submits it online to INPS)
✓Complete health documentation: reports, diagnoses, medical records
✓Valid identity document
✓If caregiver: documents proving family relationship

Step-by-step procedure

Request the medical certificate from your GP

Go to your GP with all your health documentation. The GP fills in the introductory certificate online for Law 104 recognition and submits it to INPS. They issue a receipt with the certificate number: keep it handy, you'll need it for the application.

The certificate is valid for 90 days: submit the INPS application within that deadline.

Submit the application to INPS

Log in to inps.it with SPID or CIE. Go to "Benefits" → "Civil disability, blindness, deafness, handicap" → "New application". Enter the medical certificate number and fill in personal details. You can request civil disability and Law 104 together: it's worth doing both at the same time.

If you don't have SPID, you can authorise a patronage office (CAF, INCA, ACLI, ITAL UIL) for free.

Wait for the medical visit appointment

INPS schedules an appointment at the local ASL medical commission, usually within 90 days. Bring all original medical documentation and copies. The commission (INPS + ASL doctors) assesses your condition and determines whether there is severe handicap (article 3 paragraph 3) or mild handicap (paragraph 1). Only severe handicap grants paid leave rights.

You can request a home visit if you can't travel. Minors and workers have the right to a visit within 15 days.

Receive the report and notify your employer

INPS sends the report in the MyINPS electronic file. If you obtained severe handicap, submit a copy of the report to HR and fill in the Law 104 leave request (form Hand2). Leave starts the month after the request and is 3 days per month (or 18 hours), can be split into hours.

If you're a caregiver for a severely disabled relative, you can take leave as long as the disabled person is not in full-time care.

Use other Law 104 benefits

Beyond leave, the Law 104 report grants: reduced 4% VAT on car purchases (with IRPEF deduction up to €18,075), road tax exemption, 19% deduction on medical expenses, priority for workplace location, paid extraordinary leave up to 2 years for caregivers. Always keep a copy of the report: it's needed for every request.

Tax benefits require the "handicap with severe connotation" box checked on the report.

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Modulistica Legge 104 su INPS

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Frequently asked questions

Responsible authority

Authority

INPS

Phone

803.164

Certified email

Website

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The information in this guide is for orientation only and does not constitute legal or tax advice. Always verify on the official portal of the responsible authority.

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