Filenews 24 October 2021 - by Adamos Adamou
Efforts to balance family and professional life will be put on a new basis, with the adoption by Cyprus of the relevant European Directive in this direction.
The Minister of Labour Zeta Emilianidou referred last Tuesday in parliament to what is being promoted, noting that in addition to the provision of the Directive for paid parental leave, this Directive ensures other rights for new parents, with children up to at least eight years old.
The minister also revealed that the relevant bills for the adoption of the directive are already being prepared and that they are in the process of being finalised and it is estimated that Cyprus will be able to adopt the provisions of the Directive by the summer of 2022.
What parents will get
This Directive, which provides for a series of measures for work-life balance for parents, provides, among other things, for paid two months' leave for parents with children up to eight years old, a 10-day paternity allowance already in force in Cyprus, two weeks in force, and a series of other facilities for young couples such as the option for flexible forms of employment for a specific period of time and the guarantee of the right to leave work for a reason force majeure or for the care of another family member.
Speaking before the Parliament, the Minister, as mentioned, estimated that by August of 2022 Cyprus will be able to implement the provisions of the EU Directive, which she described as particularly important. As she said, in the first phase the paid parental leave will be for a period of one and a half months, while until the summer of 2024 it will be increased to two months. The same Directive provides that Member States will have to bring into force the laws, regulations and administrative provisions necessary to comply with it by 2 August 2022, but also in relation to the allowance or payment of parental leave corresponding to the last two weeks of parental leave of two months, Member States may put in place the necessary arrangements until 2 August 2024.
It also provides that parental leave must be four months, of which two months must be paid or an allowance paid for it. Leave must be taken until the child reaches eight years of age. Today, in Cyprus, parental leave is granted but it is unpaid and rarely used by new parents, who are content to exhaust the maternal and paternal leave and the raising of children and then pass care over to the relatives and nurseries.
From the CCA the parental leave?
With the payment of parental leave, however, it is estimated that the scene will change. For the time being, however, whether the leave and allowance will be paid by the Social Insurance Fund or by the state budget remains unknown and a political decision will probably be needed on the matter, but it is considered more prevalent that the leave and allowance will be paid by the CTA, as well as almost all the benefits of the employees, and for this reason relevant proportional studies are also carried out.
More specifically, for parental leave, the Directive to be transposed into national law by August 2022 provides that Member States must take the necessary measures to ensure that each individual worker is entitled to four months' parental leave to be taken before the child reaches a certain age, up to the age of eight, to be specified by each Member State or by collective agreements. In addition, Member States shall ensure that two months of parental leave cannot be transferred. The arrangements to be made require Member States also to set a reasonable period of notice to be given to the employer by the worker when he or she makes use of his or her right to parental leave.
Member States may also determine the cases in which the employer, after consultation in accordance with national law, collective agreements or practice, is entitled to postpone the granting of parental leave for a reasonable period of time, on the grounds that taking parental leave during the requested period would seriously impair the proper functioning of the employer. The employer in such a case must document in writing any such postponement of parental leave.
Member States are also invited to take the necessary measures to ensure that workers have the right to request parental leave in flexible ways. Member States shall also assess the need to adapt the conditions for taking and detailed arrangements for the application of parental leave to the needs of adoptive parents, parents with disabilities, as well as parents who have children with a disability or a long-term illness.
Leave of care and absence
The relevant Directive on the balance of family and professional life establishes labour rights for caring leave if needed, but also for absence from work for reasons of force majeure.
As the Minister of Labour said before the House Labour Committee last week for the first time, it is ensured that parents can apply for leave to care for a member of their household.
The relevant European Directive states that member states take the necessary measures to ensure that every employee is entitled to five working days' leave per year. Member States may lay down additional details on the scope and the relevant conditions of carers' leave, in accordance with national law or practice. The use of this right may be subject to appropriate documentation in accordance with national law or practice.
The Directive stipulates that "caring leave" is the leave from work for employees to provide personal care or support to a relative or person residing in the same household as the employee and who is in need of significant care or support for a serious medical reason, as defined in each Member State. It also stipulates that "carer" is a worker who provides personal care or support to a relative or a person who lives in the same household as the worker and who needs significant care or support for a serious medical reason, as defined in each Member State, while further specifying that the "relative" may be the worker's son, his daughter, his/her mother, father, spouse or, if national law recognises a civil partnership, his/her partner in a civil partnership.
And flexible working arrangements for workers with children
Particularly important, as the Minister admitted the other day in parliament, is the provision of the European Directive that ensures the right of workers with children to apply for flexible ways of working.
As Mrs Emilianidou said, this flexibility may concern a request for teleworking, for part-time working hours or for different working hours, among others. For flexible forms of work, it is specifically provided that Member States must take the necessary measures to ensure that workers with children up to a certain age, which is at least eight years old, and carers, are entitled to request flexible working arrangements for caring purposes. The duration of these flexible working arrangements, the Directive states, may be subject to reasonable restrictions.
The Directive clarifies that employers examine and process within a reasonable period of time applications for flexible working arrangements taking into account the needs of both themselves and employees and that the employer documents any rejection of a relevant application or any postponement of the relevant arrangements. The Directive also states that when flexible working arrangements have a limited duration, the employee has the right to return to the original form of employment, when the agreed period expires or even earlier.
The Directive itself defines as "flexible working arrangements" the possibility for workers to adapt their form of employment, including through the use of teleworking arrangements, flexible working hours, or the application of reduced working hours.
Absence due to force majeure
As far as absence from work is concerned for reasons of force majeure, the EU Directive provides that member states shall take the necessary measures to ensure that every worker is entitled to be absent from work for reasons of force majeure related to urgent family reasons in the event of illness or accident necessitating the immediate presence of the worker.
The Directive also allows Member States to limit to a certain period of time annually or on a case-by-case basis, or both, the right of each worker to be absent from work on grounds of force majeure.
