SAN MARINO – San Marino citizens who work in the Republic cannot be excluded from special paid leave to care for a seriously ill child simply because they reside abroad. This was established by the Board Guarantor of the Constitutionality of the Rules with sentence no. 3 of 9 September 2026, accepting a question of constitutional legitimacy raised in the context of a case sponsored by the Unitary Trade Union Centre.
The decision was illustrated during a press conference attended by the general secretaries of the CSdL and the CDLS, Enzo Merlini And Milena Frullitogether with the lawyer Gianna Burgagni.
The story concerns a San Marino family residing in Italy, with both parents employed on Titan and a son suffering from a very serious pathology. After having taken advantage of the leave provided for by the 2018 legislation, the parents were denied by the ISS the continuation of the benefit following the introduction of article 28 of Law no. 129/2022, which made the benefit conditional on the parent and child residing in San Marino.
The family, assisted by the lawyer Burgagni with the support of the CSU, turned to the judiciary. During the proceedings it emerged that not even the Italian INPS could recognize the leave, as it was a benefit linked to an employment relationship established in the Republic of San Marino.
The Guarantor Board recognized the violation of the principle of equality provided for in article 4 of the Declaration of Rights, deeming that residence abroad alone cannot justify different treatment between San Marino parents who work and pay contributions in the Republic and find themselves in the same need to care for a seriously ill child.
The ruling also clarifies that budgetary needs cannot justify an automatic exclusion based solely on residence. However, it will be up to the judge in the case to verify the existence of the other requirements necessary to obtain the benefit.
The ruling specifically concerns San Marino citizens and does not automatically eliminate the limitations provided for other cross-border workers. On this point, CSdL and CDLS intend to continue their initiative, arguing that even those who reside across the border should be able to access welfare benefits connected to the employment relationship.
The CSU therefore invites cross-border workers who have been denied leave or assistance permits for reasons of residence to contact the union offices for an evaluation of the individual situations, also in light of Law no. 141/2026. The unions also declare their willingness to support a new pilot case, if the legal conditions exist.
According to what was reported by the CSU, the Secretary of State for Justice and the Family has expressed willingness to intervene on the provisions of Law no. 141/2026 which continue to exclude San Marino citizens resident in Italy and employed in the Republic.
CSdL and CDLS ask that this availability be translated into a regulatory change and that the situation of other cross-border workers also be addressed, to prevent workers from being left without protection when they have to care for a seriously ill family member.
