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Cyprus - Maternity protection - 2009


LAST UPDATE

24 April 2009

SOURCES


Name of Act

The Maternity Protection Act No. 100 (I), 1997, as amended by Law 109(I)/2007

Name of Act

The Equal Treatment of men and women in employment and vocational training Law No. 205 (I)/ 2002.

Name of Act

The Parental Leave and Leave on Grounds of Force Majeure Law No. 69 (I)/ 2002, as amended by Law 111(I)2007

Name of Act

Name of Act

Basic Terms of Employment - Comprehensive Guide, Ministry of Labour and Social Insurance Cyprus (website last visited 29 November 2009)

MATERNITY LEAVE


Scope

Maternity protection provisions are applicable to every person gainfully occupied as an employed person or a self-employed person. Persons working abroad in the service of Cypriot employers and persons who interrupt their compulsory insurance are allowed, under certain conditions, to be insured voluntarily.
The Maternity Protection Act §3
Guide to Maternity Allowance, Ministry of Labour and Social Insurance Cyprus

Qualifying conditions

The employee who presents a certificate signed by a registered doctor, certifying that she is expecting delivery on a specific week fixed in advance and mentioned in the certificate, has the right to maternity leave.
The Maternity Protection Act §3

Duration


Compulsory leave

The employee has the obligation to take 9 weeks of maternity leave starting with the second week before the expected delivery.
The Maternity Protection Act §3

General total duration

18 weeks
The Maternity Protection Act §3
Historical data (year indicates year of data collection)
  • 2011: 18 weeks
  • 2004: Sixteen weeks
  • 1998: Sixteen weeks
  • 1994: Sixteen weeks

Extension

If the delivery does not supervene during the expected week, the period of the maternity leave before delivery is extended for the time between the week of the expected delivery and the week where the childbirth supervenes, with no influence to the six week’s period required after the childbirth. If the childbirth is realised before the specific week of the expected delivery, the rest of the maternity leave is taken after the childbirth, in order to assure the maternity leave’s whole of 18 weeks.
The Maternity Protection Act §3

RELATED TYPES OF LEAVE


Parental leave


Scope

The Parental Leave Law shall apply to all employees, men and women.
The Maternity Protection Act §3

Qualifying conditions

a) Completion of a continuous period of at least six months employment with the same employer. b) Notify his/her employer in writing of the dates that the parental leave is to commence and conclude, at least 5 weeks before such leave is to commence. c) Where a parent has more than one child, the parent’s right to parental leave is independent for each child, provided that at least one year of employment with the same employer has elapsed since the expiration of parental leave previously taken in respect of another child.
The Maternity Protection Act §3-5

Length

Any employed parent shall be entitled to take unpaid parental leave of a duration of up to 13 weeks in total by reason of the birth or adoption of a child. This right is personal to an individual parent and non-transferable. Where more than one child was born on the same day, the entitlement to parental leave shall be 13 weeks for each child. Parental leave shall be taken within the period commencing on the date after the expiration of maternity leave and ending on the sixth anniversary of the child’s birth. Parentyl leave may be taken for a minimum period of one week and a maximum of four weeks per year.
The Maternity Protection Act §4-5

Adoption leave


Scope

Maternity protection provisions are applicable also to adoptive mothers who are employees. Parental leave provisions also apply to adoptive parents.a) Completion of a continuous period of at least six months employment with the same employer. b) Notify his/her employer in writing of the dates that the parental leave is to commence and conclude, at least 5 weeks before such leave is to commence. c) Where a parent has more than one child, the parent’s right to parental leave is independent for each child, provided that at least one year of employment with the same employer has elapsed since the expiration of parental leave previously taken in respect of another child.
The Maternity Protection Act §3
Guide to Maternity Allowance, Ministry of Labour and Social Insurance Cyprus

Qualifying conditions

To be entitled to adoption leave, the employee shall notify in writing, at least 6 weeks in advance, the intention to adopt a child and the date of adoption. For parental leave of adoptive parents, see parental leave above.
The Maternity Protection Act §3

Length

Maternity leave in case of adoption amounts up to 14 weeks from the date of adoption onwards. Furthermore, 13 weeks of parental leave are granted, to be taken within a period of 6 years commencing on the date of the adoption and after the maternity leave has been taken, given that the child will not be over 12 years old.
The Maternity Protection Act §3-5

CASH BENEFITS


Maternity leave benefits


Scope

Maternity allowance is payable to an insured employed woman, a self-employed woman or a voluntarily insured woman in the service of a Cypriot employer abroad, who is expecting a child, or who has adopted a child herself or her husband within the first 12 years from the child’s birth.
Guide to Maternity Allowance, Ministry of Labour and Social Insurance Cyprus

Qualifying conditions

The conditions for the payment of maternity allowance are: a) The insured woman is on maternity leave and she does not receive her whole salary or wages from her employer. b) She has been insured for at least 26 weeks and has paid, up to the day of maternity allowance, contributions or insurable earnings not lower than 26 times the weekly amount of the basic insurable earnings (which changes from year to year). c) The insured woman has paid or been credited with insurable earnings, in the previous contribution year not lower than 20 times the weekly amount of the basic insurable earnings.
Guide to Maternity Allowance, Ministry of Labour and Social Insurance Cyprus

Duration

18 weeks
Guide to Maternity Allowance, Ministry of Labour and Social Insurance Cyprus

Amount

75 per cent of the weekly average of the beneficiary’s basic insurable earnings in the previous contributions year.
Guide to Maternity Allowance, Ministry of Labour and Social Insurance Cyprus
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2011: 75 per cent of the weekly average of the beneficiary's basic insurable earnings in the previous contributions year.
  • 2004: Seventy-five percent
  • 1998: Seventy-five percent
  • 1994: Seventy-five percent

Financing of benefits

The Social Security Scheme, which is financed by contributions payable by employers, the insured persons and the State.
Guide to Maternity Allowance, Ministry of Labour and Social Insurance Cyprus
Historical data (year indicates year of data collection)
  • 2011: The Social Security Scheme, which is financed by contributions payable by employers, the insured persons and the State.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits


Amount

unpaid

Adoption leave benefits


Scope

Maternity allowance is payable to an insured employed woman, a self-employed woman or a voluntarily insured woman in the service of a Cypriot employer abroad, who is expecting a child, or who has adopted a child herself or her husband within the first 12 years from the child’s birth.
Guide to Maternity Allowance, Ministry of Labour and Social Insurance Cyprus

Qualifying conditions

The conditions for the payment of maternity allowance are: a) The insured woman is on maternity leave and she does not receive her whole salary or wages from her employer. b) She has been insured for at least 26 weeks and has paid, up to the day of maternity allowance, contributions or insurable earnings not lower than 26 times the weekly amount of the basic insurable earnings (which changes from year to year). c) The insured woman has paid or been credited with insurable earnings, in the previous contribution year not lower than 20 times the weekly amount of the basic insurable earnings.
Guide to Maternity Allowance, Ministry of Labour and Social Insurance Cyprus

Duration

14 weeks
Guide to Maternity Allowance, Ministry of Labour and Social Insurance Cyprus

Amount

75 per cent of the weekly average of the beneficiary’s basic insurable earnings in the previous contributions year.
Guide to Maternity Allowance, Ministry of Labour and Social Insurance Cyprus
click on this symbol to show or hide remarks

Financing of benefits

The Social Security Scheme, which is financed by contributions payable by employers, the insured persons and the State.
Guide to Maternity Allowance, Ministry of Labour and Social Insurance Cyprus

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

All working mothers for the nursing or/and for the increased responsibilities required for bringing up their child, have the right during 9 months after the delivery or after the starting day of maternity leave, in case of adoption, either to interrupt their work for an hour, or to come to their work one hour later, or to leave their work one hour earlier, every day.
The Maternity Protection Act §5

Remuneration of nursing breaks

The one hour’s daily interruption or late arrival or early leave is regarded and paid as working time.
The Maternity Protection Act §5

HEALTH PROTECTION


Dangerous or unhealthy work


General

It is forbidden to place pregnant women in work described as dangerous for the healthy progress of the pregnancy. This restriction cannot exceed the period of 6 months after the birth of the child.
The Maternity Protection Act §5

Risk assessment


» Transfer to another post

Working women occupied in employment described as dangerous, have the right after the confirmation of their pregnancy with a certificate, signed by a registered doctor, to be transferred to other work that is not harmful, with no reduction of their wages.
The Maternity Protection Act §6

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

There shall be no discrimination on the basis of sex, either directly or indirectly, with reference in particular to marital or family status. Men and women shall enjoy equal treatment, prohibiting any direct or indirect discrimination on the grounds of sex or due to pregnancy, childbirth, breastfeeding, maternity or illness due to pregnancy or childbirth as regards (among other reasons): - The terms and conditions of employment, including qualifications and other terms, conditions and placement, permanency, accession, transfer, removal, detachment or promotion criteria.
The Equal Treatment of men and women in employment and vocational training Law §

Protection from discriminatory dismissal

Men and women shall enjoy equal treatment, prohibiting any direct or indirect discrimination on the grounds of sex or due to pregnancy, childbirth, breastfeeding, maternity or illness due to pregnancy or childbirth as regards (among other reasons) the terms and conditions of dismissal from any job or post. Any person who intentionally does not comply with this requirement shall be guilty of an offence and shall be punished with a fine. Neither taking nor requesting parental leave shall be a cause for terminating employment.
The Equal Treatment of men and women in employment and vocational training Law
The Parental Leave and Leave on Grounds of Force Majeure Law §17

Burden of proof

Under the Parental Leave Law, if any person considers to be affected by the non-observance of the principle of equal treatment and presents before any competent authority real evidence of any direct or indirect sex discrimination, the burden of proof that there has been no contravention of the principle of equal treatment shall lie on the respondent.
The Parental Leave and Leave on Grounds of Force Majeure Law §15

Guaranteed right to return to work

The maternity leave does not affect the seniority of the employee or her right to promotion or her return to the same work which she was practising before the maternity leave or to another work of the same nature, with the same salary. On the expiration of parental leave, the employee may return to work to the same or a similar position (not inferior to the position held before taking parental leave). All the acquired rights or rights to be acquired of an employee on the date that parental leave starts shall be maintained the same until the day the parental leave ends.
The Maternity Protection Act §7

Results generated on: 29th August 2014 at 10:05:06.
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