A San Marino couple, resident in Italy but both employed in San Marino, had been denied paid leave to care for their son, who suffers from a very serious medical condition. The Collegio Garante (Guarantee Panel) has now ruled that excluding them from this benefit on the basis of residency is unconstitutional.
The case dates back to 2022, when a legislative amendment made access to special leave conditional on residing within San Marino’s territory.
The family, represented by lawyer Gianna Burgagni with the backing of the Centrale Sindacale Unitaria (CSU, United Trade Union Confederation), had filed a civil suit against the Istituto per la Sicurezza Sociale (ISS, Social Security Institute), raising the question of the law’s constitutionality.
The judge subsequently referred the matter to the Collegio Garante, which found that excluding San Marino citizens resident in Italy from the benefit was unlawful, upholding the principle of equality.
The ruling could have implications for other families in similar circumstances, particularly in light of San Marino’s recent legislation aimed at supporting families.
The CSU has hailed the decision as a victory for workers’ and families’ rights, expressing hope for further progress on protections going forward.
