INPS, with message no. 9042/2011, clarified that the termination of pregnancy which occurs from the 180th day, calculated from the beginning of gestation, has to be considered childbirth. From the mentioned clarification derives that the employee is entitled to maternity leave and to the related social security treatment. On the contrary, the spontaneous or therapeutic termination of pregnancy occurring within the 179th day of gestation is considered abortion, with consequent right to sickness indemnity. The starting date of pregnancy is calculated by counting back 300 days from the expected date of delivery, without including the latter date in the calculation.
