Permits that in some cases can last up to six days, greater flexibility for the caregiver who care for the same person, state guarantees of up to 80% on first-time home mortgages, exemption from night work, and ten additional hours of leave for visits and treatments. The protection framework for people with disabilities and their caregivers has changed. in 2026 not through a complete rewriting of the Law 104, but with a set of rules, administrative clarifications, contractual interpretations and rulings by the Court of Cassation.
Le new They concern employment, access to credit, and disability recognition procedures. Some expand rights, others make existing ones more flexible. It's therefore important to distinguish between the various measures: not all apply to the same group, and a new measure doesn't automatically mean more days of leave.
Law 104, when permits can last up to six days
The basic rule remains that of theArticle 33 of Law 104: the worker who assists a person with a serious disability, recognised pursuant to Article 3, paragraph 3, has right to three days of paid leave per month, can also be used in a fractional manner.
In some cases the days can become six when the worker assists two different people with severe disabilities, as well as both parents: the three-day limit applies to each person. The cumulation applies to spouses, civil union partners, de facto partners, and relatives or in-laws within the first degree and may extend to the second degree if the closest relatives are at least 65 years old, suffer from disabling pathologies, are deceased, or are missing. For each person assisted, the following is required: recognition of severe disability and a separate application, to INPS for private individuals, or to their own administration for public sector workers. If multiple caregivers are caring for the same individual, leave will remain for a total of three days per month. Starting August 13, 2022, there will no longer be a single point of contact, and multiple family members can alternate: two children, for example, can share them without doubling the benefit.
Greater flexibility concerns employees of Central functions of the Public Administration, i.e., ministries, tax agencies, and non-profit public entities. With Application Guideline No. 37654 of July 16, 2026, Aran clarified that, for the hourly leave provided for in the contract, two caregivers can be absent on the same day, as long as the hours do not overlap and the overall monthly limit of 18 hours is respected. One can therefore be absent in the morning and the other in the afternoon. This does not mean an increase in leave, but rather a different distribution of hours. This clarification applies only to central functions and does not automatically extend to other public employees or the private sector.
First-time home mortgages: New borrowers get up to 80% guaranteed coverage.
From 3 August 2026, among the priority categories of the Guarantee fund for first home mortgages This includes people with permanent disabilities recognized pursuant to Article 3, paragraph 3, of Law 104. The measure also applies to families in which a son, daughter, brother, or sister with a serious disability has lived with them for at least two years.
The Fund, managed by Consap on behalf of the Ministry of Economy, does not provide a direct contribution, but offers the bank a public guarantee on part of the mortgage capital. ordinary coverage is 50% and can go up to 80% for new beneficiaries with an ISEE of no more than 40 euros.
Guarantee can facilitate the mortgage even with a reduced advance, but does not oblige the bank to grant it, The loan, however, takes into account income, creditworthiness, and repayment capacity. The loan cannot exceed €250 and must be used for the purchase of a primary residence, including renovations or energy efficiency upgrades, but not solely for work. Luxury homes, villas, castles, and luxury properties are excluded. The borrower must not own other residences, even abroad, except for inherited properties, even jointly owned, provided they are granted free of charge to parents or siblings.
The application must be submitted to the bank or an intermediary participating in the Fund together with the mortgage application, not to INPS or Consap. The latter communicates the outcome within 20 days; after approval, the bank has 90 days to communicate whether or not the loan has been granted. guarantee does not cancel the debtIn the event of non-payment, the Fund reimburses the bank for the guaranteed portion and then recovers the sums from the debtor.
Night shifts, ten-hour treatment periods, and new INPS procedures.
In the workplace, the Court of Cassation has strengthened protections for those who care for a person with a disability. With Order No. 20229 of June 16, 2026, the Supreme Court established that a worker who cares for a person with a disability can refuse night work also without recognition of severe disability of Article 3, paragraph 3: the one provided for in paragraph 1 is sufficient. Civil invalidity alone, however, is not sufficient without a report based on Law 104.
According to the Supreme Court, "at one's own expense" indicates an actual care and assistance relationship, but does not require the family member to be financially dependent or require permanent assistance. The worker must notify the employer in writing of their dissent at least 24 hours before the shift. The right applies only to night work and does not constitute a general exemption laid down by the availability.
From 1 January 2026, the following are expected: also 10 hours of paid leave per year for visits, tests, analyses and treatmentsThe measure concerns public and private employees with a disability of at least 74%, affected by active cancer or those undergoing early follow-up, or by disabling or chronic conditions, even rare ones. Parents of minor children with the same conditions are also eligible; for minors receiving attendance allowance, the 74% requirement is automatic.
It serves the prescription from your GP or specialistSelf-employed workers, collaborators registered with the Separate Management, and independent entertainment workers are excluded. These hours are in addition to the permits granted under collective bargaining agreements and, if applicable, those under Law 104.
From September 2026 the compilation of UniEmens flows For private companies: the "BaseRif" field is now mandatory for adjustments of advance payments. For 104 leave, the theoretical salary for the month of absence must be indicated; for extraordinary leave and extension of parental leave, the salary for the previous month must be indicated. For workers, the duration and requirements remain unchanged, only the methods for communicating advance payments to INPS.
Finally, the transition to the new disability assessment systemSince March 2026, the trial has been extended to 40 additional provinces. In the participating areas, the introductory medical certificate submitted online directly initiates the process, without a separate administrative application, with INPS as the sole controller of the assessment. In the other provinces, the old process remains in place. The new system should to be fully operational throughout Italy from 1 January 2027.
