Draft Law "Changing Composition Commissions Cooperation, Prices, P SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law no. 186/2005; We promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on March 28, 2014: March 31, 2014 43 LAW AMENDMENTS AND SUPPLEMENTS TO THE LAW October 29, 2003 137 "INTERVENTION IN SUPPORT OF FAMILY" AND THE LAW July 30 2007 Ranked # 92 "EXTENSION oF BENEFITS PROVIDED FOR iN ARTICLE 5 oF tHE LAW October 29, 2003 137" Art. 1 Article 5 of the law 29 October 2003 n. 137 as amended by Article 1 of Law 30 July 2007 n. 92 is amended as follows: "Art.5 (Parental leave) In the first fourteen years of the child's life each parent, in turn, has the right to be absent from work, in the case of children's illness, certified by the attending physician, according to the times and following manner specified, namely: 1) for the duration of the disease, without pay, if the child is younger than six years; 2) up to five days without pay per year if the child has an age between six and fourteen. In the case of parents with more children aged between six and fourteen, the right to be absent from work has increased up to ten working days without pay per year. A partial exception to the provisions of the preceding paragraph, the parents can forward a reasoned request to the ISS Executive Committee for the right to joint abstention from work. The ISS Executive Committee authorizes this exception by specifying the reasons and duration on the basis of the stipulations laid down in the Protocol referred to in the fifth paragraph. The under fourteen years of the child's illness, which result in hospitalization, stops the running of the holiday period or leave entitlement from the part of the parent. Except as provided in the second paragraph, to the fruition of leave provided for in this Article, the mother or father are required to provide a declaration that the other parent is not in abstaining from work on the same days for the same reason . The resident parent, and even custodial, which plays an occupational activity, be it from employment to self-employment, or, alternatively, the family resident who routinely takes care of severe bearer permanent or temporary disability, or the bearer of serious illness or temporary age-related that, according to the special protocol drawn up by the Executive Committee of the ISS, needs to accompany activities, have the right to be absent from work for up to four days a month, not cumulative over the year, or the equivalent in hours Relate for weekly working time, as an unpaid special permit. ". Art. 2 Article 6 of Law 137 of 29 October 2003 is replaced as follows: "Art. 6 (Adoption) And 'granted to adoptive parents the right expectation - unpaid - for family reasons aimed at the adoption of a child, for a maximum period of sixty days to enjoy during the period of stay abroad is required for the' meeting the child and for all matters related to the adoption procedure. Such leave of absence, if they are following adoption is considered for the adoptive mother and adoptive father in all respects as compulsory leave for pregnancy. It is also up to the foster mother or, alternatively, to the father the right to abstain adoptive compulsory confinement for a period of ninety days from the entrance in the Republic for minor adoptions carried out in accordance with Article 9 of the Law of 28 April 2008 68 or by request to the Law Commissioner of the declaration referred to in Article 5 of Law 83 of July 20, 1999. The adoptive parents than for the previous period of stay abroad for adoption have not used the entire period of leave referred to in the second paragraph are entitled to enjoy the remaining period after the request referred to in the preceding paragraph. The adoptive mother or, alternatively, his adoptive father, has the right to be absent from work, spent the period of compulsory set out in the preceding paragraphs, for a maximum period of leave within the first eighteen months of their child family, sixteen months, during which it will be kept their jobs. The worker or the worker who takes leave of absence referred to in the previous paragraph is entitled to an allowance for each working day equal to 30% of pay
net daily until the first year from the entrance of the child in the family, and 20% for the remaining period if the child - limited in the latter case - does not take advantage of the kindergarten service. Alternatively expectation postpartum worker or alternatively the worker who returns to his job after spending the period of obligatory childbirth, have the right to be absent from work for two hours per day, even from discontinued by way of paid leave , within the first year from the entrance of the child in the family. Remain firm and valid the remaining provisions contained in Articles 2 and 3 shall not otherwise covered by this article. Where the provisions of this Article are granted to the adoptive father instead of the mother, in accordance with Article 5 of Law 40 of May 25, 1981, the worker shall submit to the father's employer a statement confirming the renunciation of ' other parent to make use of the above rights. ". Art. 3 After Article 6 of Law 137 of 29 October 2003 are added the following products: "Art. 6a (Reliance) In the case of foster care, formally arranged by the judicial or competent Social Service for the territory of belonging of the child, the foster mother or alternatively, the custodial parent has the right to benefit, even in split, the period of pregnancy and childbirth for up to two months in the five months following the date of financing. The foster mother or alternatively the foster father, has the right to be absent from work, after the compulsory leave referred to in the preceding paragraph, for a maximum period of leave within the first eighteen months of its reliance date, sixteen months, during which will be retained their jobs. The working or alternatively the worker who takes leave of absence referred to in the previous paragraph is entitled to an allowance for each working day equal to 30% of the daily net salary for the first year from the date the expectation of the child in the family and 20% for the remaining period if the child - limited in the latter case - does not take advantage of the kindergarten service. Alternatively expectation postpartum worker or, alternatively, the worker who returns to his job after spending the period of obligatory childbirth, have the right to be absent from work for two hours per day, even from discontinued by way of permit paid within the first year from the entrance of the child in the family. Remain firm and valid the remaining provisions contained in Articles 2 and 3 shall not otherwise covered by this article. The foster parents have the obligation to communicate to the Institute for Security the foster care Social termination within fifteen days from the provision of Article 60 of Law 49 of April 26, 1986. The provisions of this article shall in each case subject to prudent valuation Judicial Authority and the competent Social Service, in order to assess the conformity of the duration and requirements of each individual case of custody, however, within the limits of this article. Art. 6b (Parental leave in cases of adoption and foster care) Parental leave under Article 5 of Law 137 of October 29, 2003, as amended by Article 1 of this law, also it is payable in the event of adoption and of custody. ". Art. 4 After Article 6b of Law 137 of 29 October 2003 is added to the following article: "Art. 6c (Part time in case of adoption and foster care) His adoptive or foster parent may request the conversion of full-time employment to part-time in accordance with Article 13 of Law 138 of 20 November 1987, in the version resulting from 'Article 1 of Law 112 of 16 December 1994, up to three years from the entrance of the child in the family. ". Art. 5 (Commencement) The provisions of this law are implemented from the first day of the month following the entry into force of this Act and the benefits covered by that provided also apply in favor of persons who at that date are choosing the institutes under the previous legislation. Art. 6 (Entry into force) This Law shall enter into force on the fifteenth day following that of its legal publication. Our Residence, this day of 31 March 2014/1713 THE CAPTAINS REGENT Gian Carlo Capicchioni - Anna Maria Muccioli THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini