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Albania - Maternity protection - 2011


LAST UPDATE

July 2012

SOURCES


Name of Act

Labour Code of the Republic of Albania, Law No. 7961, dated 12 July 1995, Fletorja zyrare, September 1995, No. 16 pp. 660 - 705 as amended up to Law No. 10053, dated 29 December 2008.

Name of Act

People’s Assembly Act on Social Insurance in Albania, Act No. 7703, dated 11 May 1993, as amended up to Act No. 9768, dated 9 July 2007

Name of Act

Order No. 397, dated 20 May 1996 on Special Protection of Pregnant Women and Maternity, as amended by Decision No. 185 of 3 May 2002, Fletorja Zyrtare, 15 May 2002, No. 17, p.542, inofficial translation.

Name of Act

Order No. 167, dated 29 March 2006 implementing Act 7703, dated 11 May 1993 on Social Insurance as amended and Act 7870, dated 13 October 1994 on Sickness Insurance as amended.

MATERNITY LEAVE


Scope

Maternity protection under the Labour Code is applicable to persons bound by all contracts of employment, except for the employment of persons that is regulated by a special law and some activities excluded of the scope of the Labour Code, such as jobs that are carried out on friendly, volunteering or neighbourliness basis.
Labour Code §§ 4, 5, 6

Duration


Compulsory leave

Pregnant women must not work 35 days before the expected date of giving birth and 42 days after giving birth. When the woman is pregnant with more than one baby, the first period becomes 60 days. After the period of 42 days following delivery, the woman shall decide whether she wants to work or benefit from social security.
Labour Code §§ 104, 105

General total duration

365 calendar days, including a minimum of 35 days prior to and 42 days after childbirth.
Social Insurance Act §27
Historical data (year indicates year of data collection)
  • 2004: Three hundred and sixty-five calendar days
  • 1998: n.a.
  • 1994: n.a.

Extension

For women that during pregnancy would have more than one child, the benefit period shall be 390 calendar days, including a minimum of 60 days prior to and 42 days after childbirth.
Social Insurance Act § 27

RELATED TYPES OF LEAVE


Parental leave


Scope

The employee will be entitled to his/her wage with a leave of absence equal to no more than 12 days a year, in case of indispensable care for dependant children. The employee with dependant children of up to 3 years of age is entitled to paid leave no longer than 15 days when his/her child is sick. He/she is entitled to an additional leave of absence without pay, which may not be longer than 30 days a year. The leave is given to the spouse that effectively looks after the child. If such is not the case, then the leave will be given to both child’s mother and father on alternative basis.
Labour Code § 132

Scope

Up to 12 days a year for indispensable care for dependant child; up to 15 days for sickness of dependant children up to 3 years of age and an additional unpaid leave for up to 30 days a year.
Labour Code § 132

Paternity leave

SDF

Adoption leave


Scope

In case of adopting a newborn baby (up to one year of age), the adoptive mother, shall have a maternity benefit beginning from the day the adoption occurred, but not prior to the 42nd day of childbirth, subject to a maximum of 330 days from baby delivery. The minimum period of benefit, for the adoptive mother, shall be 28 days. When a child is adopted during maternity leave, the biological mother shall have a benefit period until the day the adoption occurred, but not less than 42 days after childbirth.
Social Insurance Act § 27

Qualifying conditions

To be entitled to the adoption maternity benefit, the woman shall have completed a period of not less than 12 months of social insurance.
Social Insurance Act § 27

Length

In case of adopting a newborn baby (up to one year of age), the adoptive mother, shall have a maternity benefit beginning from the day the adoption occurred, but not prior the 42nd day of childbirth, subject to a maximum of 330 days from baby delivery. The minimum period of benefit, for the adoptive mother, shall be 28 days. When a child is adopted during maternity leave, the biological mother shall have a benefit period until the day the adoption occurred, but not less than 42 days after childbirth.
Social Insurance Act § 27

CASH BENEFITS


Maternity leave benefits


Scope

Maternity benefits in Albania are applicable to employed persons, who are compulsorily insured, other economically active persons, such as employers and self-employed people and to people under voluntary insurance, such as university students.
Social Insurance Act §§ 2, 3, 6

Qualifying conditions

In Albania, there are 3 types of maternity benefits. The qualifying conditions for each of them are as follows: 1) Maternity benefit. It shall be payable to a woman with regard to pregnancy and childbirth, provided she has acquired 12 months of social insurance. 2) Maternity allowance benefit. It shall be awarded to reimburse loss of wage of an insured person who has to change employment for reasons of pregnancy, provided one year contributions have been paid, prior to being eligible to the benefit. 3) Birth grant. It shall be awarded to an insured person who is the mother or the father of a new born child, provided one of them has contributed for one year prior to the childbirth. The grant shall be payable only once and the mother shall have priority in eligibility, if insured.
Social Insurance Act §§ 27, 28, 29

Amount

The maternity benefit shall be paid during 365 calendar days, and during 390 days in case of multiple birth. The rate of maternity benefit for insured women shall be: a) 80 per cent of daily average of the annual assessment basis of last calendar year for the period prior to birth and for 150 calendar days after the birth; b) 50 per cent of daily average of the annual assessment basis of last calendar year for the rest of the period. The amount of maternity benefit for economically active women shall equal to the base flat-rate old-age pension.
Social Insurance Act § 27
Historical data (year indicates year of data collection)
  • 2009: The maternity benefit shall be paid during 365 calendar days, and during 390 days in case of multiple birth. The rate of maternity benefit for insured women shall be: a) 80 per cent of daily average of the annual assessment basis of last calendar year for the period prior to birth and for 150 calendar days after the birth; b) 50 per cent of daily average of the annual assessment basis of last calendar year for the rest of the period. The amount of maternity benefit for economically active women shall equal to the base flat-rate old-age pension.
  • 2004: Eighty percent prior to birth through one hundred and fifty days after, fifty percent for remainder
  • 1998: n.a.
  • 1994: n.a.

Financing of benefits

Social Insurance System, which is financed by contributions of employers and the insured.
Social Insurance Act §§ 6, 9, 10, 11, 12
Historical data (year indicates year of data collection)
  • 2009: Social Insurance System, which is financed by contributions of employers and the insured.
  • 2004: Social security
  • 1998: n.a.
  • 1994: n.a.

Parental leave benefits


Scope

The employee will be entitled to his/her wage with a leave of absence equal to no more than 12 days a year, in case of indispensable care for dependant children. The employee with dependant children of up to 3 years of age is entitled to paid leave no longer than 15 days when his/her child is sick. He/she is entitled to an additional leave of absence without pay, which may not be longer than 30 days a year. The leave is given to the spouse that effectively looks after the child. If such is not the case, then the leave will be given to both child’s mother and father on alternative basis.
Labour Code § 132

Amount

Up to 12 days a year for indispensable care for dependant child; up to 15 days for sickness of dependant children up to 3 years of age and an additional unpaid leave for up to 30 days a year.
Labour Code § 132

Financing of benefits

Employer
Labour Code § 132

Adoption leave benefits


Scope

In case of adopting a newborn baby (up to one year of age), the adoptive mother, shall have a maternity benefit beginning from the day the adoption occurred, but not prior the 42nd day of childbirth, subject to a maximum of 330 days from baby delivery. The minimum period of benefit, for the adoptive mother, shall be 28 days. When a child is adopted during maternity leave, the biological mother shall have a benefit period until the day the adoption occurred, but not less than 42 days after childbirth.
Labour Code § 106
Social Insurance Act § 27

Qualifying conditions

To be entitled to the adoption maternity benefit, the woman shall have completed a period of not less than 12 months of social insurance.
Social Insurance Act § 27

Amount

In case of adopting a newborn baby (up to one year of age), the adoptive mother, shall have a maternity benefit beginning from the day the adoption occurred, but not prior the 42nd day of childbirth, subject to a maximum of 330 days from baby delivery. The minimum period of benefit, for the adoptive mother, shall be 28 days. When a child is adopted during maternity leave, the biological mother shall have a benefit period until the day the adoption occurred, but not less than 42 days after childbirth.
Social Insurance Act § 27

Financing of benefits

Social Insurance System, which is financed by contributions of employers and the insured.
Social Insurance Act §§ 6, 9, 10, 11, 12

HEALTH PROTECTION


Arrangement of working time


Night work

Pregnant women are forbidden to work at night.

They cannot be forced to start the work day before 5 am in summer (or 6 am in winter) and can not continue after 8 pm.
Labour Code § 108
Order on Special Protection of Pregnant Women § 5

Leave in case of sickness of the child

The employee will be entitled to his/her wage with a leave of absence equal to no more than 12 days a year, in case of indispensable care for dependant children. The employee with dependant children of up to 3 years of age is entitled to paid leave no longer than 15 days when his/her child is sick. He/she is entitled to an additional leave of absence without pay, which may not be longer than 30 days a year. The leave is given to the spouse that effectively looks after the child. If such is not the case, then the leave will be given to both child’s mother and father on alternative basis.
Labour Code § 132

Other work arrangements

Pregnant women must be subject to breaks every 3 hours.
Labour Code § 54

Dangerous or unhealthy work

Pregnant or breast-feeding women may not be employed to carry out difficult or hazardous jobs, which jeopardize the health of the mother and child.
Labour Code § 104

Risk assessment

In every activity that represents danger of exposure to agents, working processes and conditions as defined by the Council of Ministers, the nature, level and duration of exposure for pregnant women, new mothers and breastfeeding women must be asesed by the employer with the purpose to take into account every risk to safety and health as well as any other impact on pregnancy or child breast-feeding.
Order on Special Protection of Pregnant Women § 2

Particular risks


» Arduous work (manual lifting, carrying, pushing or pulling of loads)

As concerns pregnant women and breast-feeding mothers, it is forbidden to transport loads that jeopardize the health of both mother and child. Pregnant and breast feeding women should not carry weights of more than 5 kg.
Labour Code § 55

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

When the employee works continuously or discontinuously works in a sitting position at her workplace, she must be provided with a chair appropriate to perform her job. If carrying out of the job requires standing up or stooping for a long time, the employee must enjoy the right to paid and short breaks lasting not less than 20 minutes every 4 continuous working hours.
Labour Code § 54

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Any kind of discrimination in the field of employment or profession is prohibited. Discrimination means any differentiation, exclusion or preference based on race, sex, age, among other reasons, threatening the individual right to be equal in terms of employment and treatment. The special protection measures in favour of the employees, are not considered to be discriminatory.
Labour Code § 9

Prohibition of pregnancy testing

Pregnancy tests are prohibited before starting employment, if they are demanded by the employer, except for the cases where the workplace requires to work under conditions that may negatively influence on pregnancy, or that may harm the mother’s or child’s life or health.
Labour Code § 105a

Protection from discriminatory dismissal

In the cases where the employer terminates the contract, when the woman is working while being pregnant, or back at work after child delivery, the employer is responsible to certify that the dismissal reason was not either pregnancy or child delivery. The termination of the contract of employment announced by the employer in the period during which the woman pretends to benefit income from social security insurance because of delivery or adoption is invalid. The termination of the contract by the employer will be considered of no reasonable causes, when it is done for motives that are connected with the personality of the employee, having no legitimate ties with labour relations. Such motives are considered to be the following: race, color, sex, age, civil status, family obligations, pregnancy, religious and political beliefs, nationality and social status. The termination of the contract for unreasonable causes shall be invalid. The employer who has terminated the contract for unreasonable causes is obliged to pay the employee a damage that may amount up to the wage of one year, which is added to the wage he/she must receive during the notice deadline.
Labour Code §§ 105a, 107, 146

Burden of proof

In the cases where the employer terminates the contract, when the woman is working while being pregnant, or back at work after the child delivery, the employer is responsible to certify that the dismissal reason was not either pregnancy or child delivery.

When the employee presents serious information, which imply the existence of discrimination, the employer will be obliged to prove the contrary. The discrimination is eliminated when the employer grants the discriminated employee a reward that includes all the advantages than the employee of the other sex enjoys.
Labour Code §§ 105a, 115

Results generated on: 30th June 2022 at 07:36:30.
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