What Article 129 of the 2025 Budget Law changes
Those using Law 104/1992 paid leave to care for a disabled family member must contend with a fundamentally changed monitoring system. The 2025 Budget Law, at Article 129, introduces two key novelties effective from 2026.
First: public-sector employers can now request INPS to carry out a fresh assessment of the disability status of the person being assisted at any time — even if the permit was granted years ago. Having obtained the permit once no longer guarantees peace of mind.
Second: public administrations must report monthly to INPS the names of employees using the permits and for which beneficiary. This creates a systematic traceability that did not previously exist.
Who is really at risk: cases of abuse
The stated aim of the new rules is to catch fraudulent behaviour: those who duplicate permits across multiple employers, or use them for purposes entirely unrelated to caring (holidays, personal activities, a second job). The consequences are severe:
- Dismissal for just cause, without notice or severance
- Criminal charges for fraud against the State, with civil and criminal consequences
These are not entirely new consequences: even before 2026, abusing Law 104 constituted the same offences. What is new is that the detection system becomes far more comprehensive and automated.
What the Supreme Court says: you don't have to be glued to the person
The Court of Cassation has reiterated a fundamental principle many workers misunderstand: caring for a family member does not mean being physically present beside them all day.
«Assistance does not require continuous, uninterrupted physical presence next to the disabled person: it is sufficient that the day of leave is genuinely dedicated to assistance in its broadest sense.»
This means that accompanying a mother to a medical appointment and then stopping for groceries, or taking a moment's rest after a caring task, does not constitute abuse. Abuse only occurs when the permit is used for activities completely unrelated to assistance for the entire day.
Are private-sector employees affected?
The new monthly reporting obligations and the ability to request reviews at any time apply specifically to public-sector employers. For the private sector, the control rules remain as they were, although INPS retains the right to conduct checks if notified of anomalies.
How to protect yourself
The practical rule is simple: document the caring. Keep receipts from medical appointments, medicines purchased, transport used for the person being assisted. In the event of an audit, this documentation proves the permit was used as the law intends. If you believe you have been subject to an unlawful check or unjust dismissal, consult a specialist employment lawyer.