Filenews 17 January 2023 - by Chrysanthi Loizou
On December 16, 2022, a package of laws was published in the Official Gazette of the Republic, which were passed by the House of Representatives on December 2 and related to the provision of paid parental leave. The amendment of the relevant legislation resulted from the adoption of the European Directive 2019/1158 on work-life balance for parents. The Directive required Member States to transpose the necessary laws and regulations by 2 August 2022.
With a delay, as is customary, the government submitted a package of five bills on October 6, 2022.
During the discussion of the bills in the Parliamentary Committee on Labour, the Movement of Ecologists-Citizens' Cooperation through its President and MP, Mr. Charalambos Theopemptou, submitted a series of important amendments, most of which were adopted by the Ministry of Labour, Welfare and Social Insurance and incorporated into the bills.
The draft laws determine, inter alia, the beneficiaries of parental leave, the duration of its receipt, as well as the recipients of the relevant allowance and its amount. In addition, they establish the right to take carers' leave and leave for reasons of force majeure, while ensuring the labour rights of parents who choose to take advantage of these rights.
Up to 23 weeks per child
More specifically, all working parents who have completed continuous employment of six months with the same employer, with a maximum duration of 18 weeks per child per parent, have the right to take parental leave, while in cases of a widowed parent, a single parent, the removal of parental responsibility from the other parent or non-recognition of the child, its duration is extended to 23 weeks.
The parent may take parental leave from the date of maternity/paternity leave until the eighth year and in cases of adoption for a period of eight years from the date of adoption provided that the child is not older than 12 years. In the case of a disabled child, this right is extended up to the age of 18.
Following suggestions by ecologists, parental leave can be taken in instalments, with a minimum duration of one day and a maximum duration of five weeks per calendar year, while the employee needs to notify the employer three weeks before taking parental leave instead of one month before, as stated in the original bill.
What about benefits?
The parental leave allowance is received for eight of the 18 weeks and corresponds to 72% of the weekly value of the insurance unit that the employee has in the relevant contribution year. Beneficiaries of the benefit are parents who have completed 12 months of employment in the last 24 months.
In the case of a disabled child, its duration is extended for four or eight weeks, depending on the degree of disability of the child.
It is worth noting that one parent may, if he/she so wishes, transfer nine weeks to the other parent, however, the parental leave allowance is not provided for the transfer period.
In addition to parental leave, the right to take caring leave and absence for reasons of force majeure was institutionalized. The leave is unpaid.
Carers' leave is for a total duration of five working days per year, can be taken in a lump sum or in part and requires the presentation of a medical document. Respectively, absence for reasons of force majeure lasts a total of 7 days per year and can be taken for reasons related to urgent family reasons related to illness or accident. It should be noted that, following a recommendation by the Ecologists, the provision for the issuance of a decree specifying the medical reasons for which a parent could make use of carers' leave was removed.
In addition to the aforementioned, which occurred following the suggestions of the Ecologists, provisions were also incorporated with their contribution:
⦁ Provision for the employer to be obliged to inform in a timely manner the employee who is absent on parental leave, carers' leave or absent for reasons of force majeure about the procedures for promotions and internal staffing of vacant positions.
⦁ Inclusion of leave for reasons of force majeure among the reasons why the employee cannot be adversely affected and prohibition of termination of employment if he has made use of the leave for reasons of force majeure.
⦁ Provision that in the event of the mother's death before or during childbirth or during maternity leave, the father receives the paternity allowance increased in proportion to the dependent children in proportion to the allowance which the mother would have received.
⦁ Provision so that in case of extraordinary or unforeseen birth, the working father informs his employer immediately and not later than the completion of the birth about the receipt of paternity leave.
⦁ Provision to ensure the labor rights of the parent who uses the leave for reasons of force majeure.
*Parliamentary Associate, Ecologists' Movement-Citizens' Cooperation.
