After more than thirty years it is supported by Law 106: leave of up to 24 months, new paid leaves and right of precedence to smart working for workers. Who can benefit and how to apply
After more than thirty years, Law 104 enters a new phase with 2026. It is in fact joined by Law 106, bringing longer leaves, new paid leaves and above all priority smart working. The reform thus expands the protections for fragile workers and for those living with serious or disabling pathologies and for those who continuously care for family members with serious pathologies.
Law 104: what really changes from 2026
Law 106 does not replace Law 104 but complements it, with tools on three key fronts: job preservation, medical treatment permits and smart working.
The most significant innovation is the introduction of a extraordinary leave of up to 24 monthscan be used continuously or fractionally. During this period the worker does not receive pay, but keeps his job and maintains his contribution seniority. Until now, many employees risked dismissal once they exceeded the six months of absence guaranteed by ordinary protections.
The Law also introduces 10 additional hours of paid leave per year for visits, exams, analyzes and therapies. These are hours that are added to the permits already provided for by 104. The measure also concerns parents of minor children with oncological or serious disabling pathologies.
The two-year extraordinary leave represents one of the pillars of the reform. It can be requested by public and private employees suffering from oncological diseases or chronic, disabling or rare pathologies, with a degree of disability equal to or greater than 74%. During the absence, no holidays, thirteenth salary or severance pay accrue, but the period is valid for the purposes of insurance seniority, a fundamental element for social security protection. For i self-employed workershowever, the framework remains more limited, giving the possibility of suspending continuous assignments for up to a maximum of 300 days.
Law 104: priority smart working will arrive from 2026
Another fundamental innovation concerns the smart working priority. From 2026, at the end of the leave or even as an alternative to it, fragile workers will have absolute right of precedence in access to agile working, compared to other colleagues. The job must be compatible with remote working and the employer is called upon to make a concrete assessment. However, once compatibility is verified, the priority becomes a strengthened right.
Law 104 and Law 106: who are the beneficiaries and how to apply
The new measures introduced by law 106 are aimed at public and private employees in conditions of particular health fragility. Beneficiaries include people suffering from oncological diseases, chronic or disabling pathologies, even rare ones, and those who have a recognized disability equal to or greater than 74%. The protections also extend to those who provide ongoing care and to parents of minor children with serious pathologies. The new measures will not be triggered automatically. To take advantage of it, workers must submit an electronic application to INPS, attaching the updated health certification. The Institute will then issue the report which allows you to request permits and leaves from the employer. The electronic procedures already active, with the medical certificate transmitted directly to the healthcare system, should speed up times and reduce bureaucratic burdens for families.
