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Finland - Maternity protection - 2011


LAST UPDATE

SOURCES


Name of Act

Employment Contracts Act,
Act No. 55, dated 1 January 2001 (Suomen säädöskokoelma/Finlands författningssamling, No. 55, 2 February 2001, pp. 142-163), as amended up to 579/2006.

Name of Act

Occupational Safety and Health Act,
Act No. 738/2002, as amended up to Act No. 562 of 2007 [online version available as of 2002].

Name of Act

Decision of the Ministry of Social Affairs and Health concerning radiation,
dated 5 November 1969 (Suomen asetuskokoelma/Finlands författningssamling, No. 594, 1969).

Name of Act

Act respecting equality between women and men,
Act No. 609, dated 8 August 1986 (Suomen säädöskokoelma/Finlands författningssamling, No. 609, 1986), as amended up to Act No. 232/2005.

Name of Act

Act respecting maternity allowance,
Act No. 477, dated 28 May 1993 (Suomen säädöskokoelma/Finlands författningssamling, No. 477, 3 June 1993, pp. 1041-1045) as amended up to Act No. 1307 of 2006, Finlands författningssamling, 27 December 2006, No.1307.

Name of Act

Health Insurance Act,
Act No. 1224 of 2004; Finlands författningssamling, 28 December 2004, No. 1224, pp. 3283-3334, as amended up to Act 1203 of 2007.
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Name of Act

Non-discrimination Act (21/2004)
(as amended by several acts, including No. 84/2009)

Name of Act

Act on Specialized Medical Care (1.12.1989/1062)
Unofficial translation

Name of Act

Ministry of Social Affairs and Health
Primary Health Care Act (66/1972)
Unofficial translation

Name of Act

SOCIAL WELFARE ACT 710/1982
Ministry of Social Affairs and Health
Unofficial translation

Name of Act

Primary Health Care Act (66/1972)
Chapter 1.Unofficial translation
Ministry of Social Affairs and Health

Other source used

Guide to benefits 2011, Kela
(The social security institution of Finland).

Other source used

Other source used

National Institute for Health and Welfare

MATERNITY LEAVE


Scope

Finnish law treats maternity, paternity and parental leave as one system of "parental leave". Parental leave covers all persons working under a contract of employment-Employees.
Employment relations or service obligations subject to public law; ordinary hobby activities and such contracts on work to be performed which are governed by separate provisions by law are excluded from the Scope.
Employment Contracts Act 4§1
Guide to benefits 2011, Kela

Qualifying conditions

The employer must be notified of maternity leave at the latest two months before the intended start of the leave. If maternity leave is taken earlier than 30 days before confinement, the employer must be notified at least three months before the expected date of birth, unless otherwise agreed between the employer and the employee.
Employment Contracts Act 4§1
Health Insurance Act §9:2

Duration


Compulsory leave

Female employees have the right to maternity leave for the period a maternity cash benefit is paid under the Health Insurance Act.
The female employee can go on maternity leave 50 days before the due date at the earliest and 30 days before the due date at the latest. Women can choose by themselves when to go on maternity leave.
Health Insurance Act §9:3
Guide to benefits 2011, Kela Maternity

General total duration

105 working days, which may be taken for up to a maximum of 50 days before and a minimum of 30 days after confinement.
Health Insurance Act §9:3
Historical data (year indicates year of data collection)
  • 2009: 105 working days, which may be taken for up to a maximum of 50 days before and a minimum of 30 days after confinement.
  • 2004: One hundred and five working days
  • 1998: One hundred and five working days
  • 1994: One hundred and five working days

Extension

A pregnant employee who cannot be transferred to other duties is entitled to special maternity leave and a special maternity allowance is paid.
In case of multiple-birth children may be extended up to 60 working days for the second and additional child. The extension can be added on to the end of the Maternity Allowance or the Parental Allowance period.
Health Insurance Act §9:4, 9:5
Guide to benefits 2011, Kela

Leave in case of illness or complications

Not identified.
Employment Contracts Act
Act respecting maternity allowance

RELATED TYPES OF LEAVE


Parental leave


Scope

Parental leave covers all persons working under a contract of employment except for public service contracts and contracts relating to the performance of official duties who have the right to a parental allowance is paid under the Health Insurance Act.
Employment Contracts Act 4§1
Guide to benefits 2011, Kela

Qualifying conditions

The employer shall be notified that parental leave will be taken and of its duration at the latest two months before the leave begins. The employee shall have the right to change the term of the leave for a justified reason, observing a notice period of one month.
Employment Contracts Act 4§1
Health Insurance Act §9:8

Length

Following the maternity leave, until the child reaches 3 years of age.
Employment Contracts Act 4§2, 3, 4 and 3
Health Insurance Act §9:10
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Paternity leave


Scope

Male employees have the right to paternity leave during the period they are entitled to cash paternity benefits under the Social Security Act.
Employment Contracts Act ch.4§1
Health Insurance Act §9:6

Qualifying conditions

The employer must be notified of maternity leave at the latest two months before the intended start of the leave. If maternity leave is taken earlier than 30 days before confinement, the employer must be notified at least three months before the expected date of birth, unless otherwise agreed between the employer and the employee.
Employment Contracts Act Section 3

Length

Fathers can take between 1 and 18 days.
Additionally, if the father takes the last 12 working days in the parental allowance period, he gets 12 additional working days of leave ("daddy month" - from 1 January 2010: 1-24 working days), which must be taken all in one block of time within 180 calendar days of the final date of payment of the parental allowance.
Health Insurance Act §9:7, 9:10a
Guide to benefits 2011, Kela

Adoption leave


Scope

Insured persons resident in Finland (employed, self-employed and students aged 16-64) for the period they are entitled to cash adoption benefits under the social security Act.
Health Insurance Act §9:11

Length

Adoptive leave benefits are granted depending on the age of the child. In the case of a newborn adoptive child parental leave benefits are paid for 234 working days, counted from when the child is born. For adoptive children under 7 years of age parental leave benefits are paid in any case for 200 working days.
Health Insurance Act §9:12

RIGHT TO PART-TIME WORK


General provisions

The employer and the employee may agree on part-time work and its terms during the parental allowance period prescribed in section 23 (2), of the Sickness Insurance Act. The employee’s right to partial parental allowance is prescribed in section 21 (4), of the Sickness Insurance Act. (1076/2002)
Employment Contracts Act chapter 4,Section 2

Length

Partial care leave can be taken up to the end of the second year during which the child attends basic education. Both of the child’s parents, or persons having the care and custody of the child, are entitled to take partial child-care leave during the same calendar period, but not simultaneously. This reduction is not financially compensated. The minimum length of the part-time childcare leave is six months, the specific arrangements being subject to agreement between the employee and the employer.
Employment Contracts Act chapter 4,section 4
Guide to benefits 2011, Kela

Change of part-time work arrangement

Agreement shall be reached on discontinuing part-time work or altering its terms. If agreement cannot be reached, the employee is entitled for a justified reason to discontinue part-time work and return either to the parental leave referred to in section 1 of this chapter or to his previous working hours. (1076/2002)
Employment Contracts Act chapter 4, Section 2

CASH BENEFITS

Two cash benefits were identified
* Maternity grant for expectant mothers. Mothers can choose between a maternity package and a cash benefit of 140 euros. Mothers of twins are entitlen to three maternity grants, mothers of triplets to six.
* Maternity Allowance for mothers whose pregnancy has lasted 154 days and mothers that have lived in Finland or another EU/EEA member state for at least 180 days before the due date. Mothers must be insured under the Health Insurance Act. (employed,self-employed and students aged 16-64)
Guide to benefits 2011, Kela

Maternity leave benefits


Scope

Insured persons resident in Finland (employed, self-employed and students aged 16-64).
Health Insurance Act §1:2

Qualifying conditions

To be entitled to Maternity Grant:
Residence in Finland and a pregnancy that has lasted at least 154 days and who undergo a medical examination at a maternity health clinic or a doctor’s office by the end of the 4th month of pregnancy. Also payable top adoptive parents for an adopted child under age 18.

To be entitled to Maternity Allowance:
A mother must have lived in Finland or another EU/EEA member state for at least 180 days before the due date and her pregnancy has lasted 154 days.
Mothers and fathers must be insured under the Health Insurance Act.
Health Insurance Act §9:1, 9:2

Duration

Maternity leave benefit is paid for 105 working days. Of these, mothers are to use between 30-50 days before giving birth and between 55-75 days afterwards. If sickness prevents the mother from taking care of the child during the maternity benefit period, the father can receive the benefit if the child is in his custody.
Health Insurance Act §9:3

Amount

In general: 70 per cent, up to a ceiling, plus 40% of the additional amount up to a ceiling, plus 25% of additional amount.

Depends on the claimant’s earnings or, if self-employed, on insurable annual income, but is at least 22.04 Euros a day.
Health Insurance Act §11:1
Guide to benefits 2011, Kela http://www.kela.fi/in/internet/english.nsf/NET/010903133634MH?OpenDocument
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Historical data (year indicates year of data collection)
  • 2009: In general: 70 per cent, up to a ceiling, plus 40% of the additional amount up to a ceiling, plus 25% of additional amount. Depends on the claimant’s earnings or, if self-employed, on insurable annual income, but is at least €22.04 a day.
  • 2004: Seventy percent
  • 1998: Eighty percent
  • 1994: Eighty percent

Financing of benefits

Social Insurance system.
Kela’s operations are financed by statutory contributions from the insured and employers and with funding from the public sector.
Health Insurance Act §18:2
Guide to benefits 2011, Kela
Historical data (year indicates year of data collection)
  • 2009: Social Insurance system.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Alternative provisions

Guide to benefits 2011, Kela

Parental leave benefits


Scope

Insured persons resident in Finland (employed, self-employed and students aged 16-64).
Health Insurance Act §1:2

Qualifying conditions

To be entitled to maternity, paternity and parental benefits the parent must have lived in Finland at least 180 days before giving birth.
Health Insurance Act §9:1

Duration

Payable immediately after the maternity allowance. Lenght of the payment depends on the number of children in the family as the parental allowance eligibility period begins. For one child, 158 weekdays;for each additional child, 60 weekdays more. Can be paid as a partial benefit if both parents are working part time.
Guide to benefits 2011, Kela

Amount

In general 70 per cent of the salary.
Depends on the claimant’s earnings or, if self-employed, on insurable annual income, but is at least €22.04 a day.
Health Insurance Act §11:1
Guide to benefits 2011, Kela http://www.kela.fi/in/internet/english.nsf/NET/010903133634MH?OpenDocument
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Financing of benefits

Social Insurance system.
Kela’s operations are financed by statutory contributions from the insured and employers and with funding from the public sector.
Health Insurance Act §18:2

Paternity leave benefits


Scope

Fathers insured under the Health Insurance Act
Guide to benefits 2011, Kela

Qualifying conditions

In order to be eligible for paternity allowance fathers must have lived in Finland for at least 180 days before the date of confinement and must be living together with the mother of the child.
Health Insurance Act §9:1

Duration

1-18 weekdays during the maternity/parental allowance eligibility period. An extension of 1-24 weekdays is available if the final 12 days or more of the parental allowance are paid to the father. Referred as to the "daddy month", this extension can be taken at any time before 180 days have elapsed from the date of which payment of the parental allowance immediately following the maternity allowance ended.
Guide to benefits 2011, Kela
http://www.kela.fi/in/internet/english.nsf/NET/210708145722HS?OpenDocument
Health Insurance Act §9:7, 9:10a

Amount

In general: 70 per cent, up to a ceiling, plus 40% of the additional amount up to a ceiling, plus 25% of additional amount.

Depends on the claimant’s earnings or, if self-employed, on insurable annual income, but is at least 22.04 Euros a day.
Health Insurance Act §11:1
Guide to benefits 2011, Kela http://www.kela.fi/in/internet/english.nsf/NET/010903133634MH?OpenDocument
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Financing of benefits

Social insurance.
Kela’s operations are financed by statutory contributions from the insured and employers and with funding from the public sector.
Health Insurance Act §18:2

Adoption leave benefits


Scope

Insured persons resident in Finland (employed, self-employed and students aged 16-64).
Health Insurance Act §1:2

Qualifying conditions


Duration

Adoptive leave benefits are granted depending on the age of the child. In the case of a newborn adoptive child parental leave benefits are paid for 234 working days, counted from when the child is born. For adoptive children under 7 years of age parental leave benefits are paid in any case for 200 days.
Health Insurance Act §9:12

Amount

In general: 70 per cent, up to a ceiling, plus 40% of the additional amount up to a ceiling, plus 25% of additional amount.

Depends on the claimant’s earnings or, if self-employed, on insurable annual income, but is at least 22.04 Euros a day.
Health Insurance Act §11:1
Guide to benefits 2011, Kela
http://www.kela.fi/in/internet/english.nsf/NET/010903133634MH?OpenDocument
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Financing of benefits

Social insurance.
Kela’s operations are financed by statutory contributions from the insured and employers and with funding from the public sector.
Health Insurance Act §18:2

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

According to the Finnish constitution, it is the duty of the public authorities to promote the health of the population. The provision of health care services in practice is the responsibility of the municipalities.

In the municipalities, primary health care services are provided by health centres, and specialised medical care is provided by hospital-district hospitals. A municipality may run its own health centre, or may do so together with several other municipalities. Some municipalities purchase nearly all their health centre services from private providers. One health centre can have several units and wards for inpatient care. Primary health care also covers maternity and child welfare clinics, school health care, medical rehabilitation, and dental care.
Act on Specialized Medical Care (1.12.1989/1062)
Unofficial translation
SOCIAL WELFARE ACT 710/1982
Ministry of Social Affairs and Health
Unofficial translation

Financing of benefits

The system is financed through tax revenues.
SOCIAL WELFARE ACT 710/1982
Ministry of Social Affairs and Health
Unofficial translation
Primary Health Care Act (66/1972)
Chapter 1.Unofficial translation
Ministry of Social Affairs and Health

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

There were not identified further legal provisions regarding the reduction of hours of work to breast-feed and it was identified only a legal provision for breast-feeding mothers that shall, when necessary, have an opportunity to go to rest in a break room or other suitable place.
Occupational Safety and Health Act

Remuneration of nursing breaks

Not identified.
Occupational Safety and Health Act

Nursing facilities

Pregnant women and breast-feeding mothers shall, when necessary, have an opportunity to go to rest in a break room or other suitable place.
Occupational Safety and Health Act §48

HEALTH PROTECTION


Arrangement of working time


Night work

It was not identified any prohibition on female night work.
In the legal provisions on night work, every employee performing night work shall, when necessary, be provided with the opportunity to change tasks or shifts in consideration of the circumstances and in order to eliminate risks to the employee’s health.
Occupational Safety and Health Act

Overtime

not prohibited for pregnant women or nursing mothers.
Employment Contracts Act

Work on rest days

Is not forbidden neither for pregnant workers nor nursing mothers to work on rest days.
Employment Contracts Act

Time off for medical examinations

The employer shall compensate a pregnant employee for loss of earnings incurred from medical consultations prior to the birth if it is not possible to arrange the consultations outside working hours.
Employment Contracts Act 4§8

Leave in case of sickness of the child

Employees shall be entitled to temporary absence from work if their immediate presence is necessary because of an unforeseeable and compelling reason due to an illness or accident suffered by their family.
Employment Contracts Act 4§7

Dangerous or unhealthy work


General

The employer must take the necessary measures to protect an employee from risk of occupational accidents and diseases, taking into account the nature and conditions of the work, and the age, sex and professional skills of the worker. To this end, the working environment must be under constant surveillance, and appropriate measures should be taken to prevent accidents, health hazards and dangerous situations.
Occupational Safety and Health Act §9
Employment Contracts Act 4§2

Risk assessment


» Assessment of workplace risks

In assessing the risk factors arising from conditions of work, possible risks to the genotype and foetus should be taken into consideration. During the period a female employee is entitled to maternity leave, she may carry out work that is considered not to be dangerous for her and her child, provided that her employer agrees.
Employment Contracts Act 2§3

» Adaptation of conditions of work

A pregnant employee whose work or working conditions involve the use of chemical substances, or the risk of exposure to radiation or contagious diseases which are deemed to endanger the foetus or the health of the woman, must, if possible, be transferred to alternative duties appropriate to her professional skills and experience unless the hazards can be removed by occupational health measures.
Employment Contracts Act 2§3

» Transfer to another post

During the maternity allowance term the employee is, with the employer’s consent, entitled to perform work that does not pose a risk to her or to the unborn or newly born child. However, such work is not permitted during a period of two weeks before the expected time of birth and two weeks after giving birth. Both the employer and the employee have the right to discontinue work done during the maternity allowance term at any time.
Employment Contracts Act chapter 4, section 2

» Paid/unpaid leave

According to the Sickness Insurance Act, a pregnant employee who cannot be transferred to other duties is entitled to special maternity leave and a special maternity allowance is paid.
Health Insurance Act §9:4, 9:5

» Right to return

At the end of a leave referred to in this chapter, employees are in the first place entitled to return to their former duties. If this is not possible, employees shall be offered equivalent work in accordance with their employment contract, and if this is not possible either, other work in accordance with their employment contract.
Employment Contracts Act chapter 4, section 9

Particular risks


» Work involving exposure to biological, chemical or physical agents

Low maximum dose exposure levels to ovaries and the uterus are set for women of child-bearing age; lower exposure levels are set for pregnant women.
Decision of the Ministry of Social Affairs and Health concerning radiation §2(7)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Prohibited sex discrimination shall be deemed to occur where an employer, in recruiting or promoting a person or in training a person for promotion, selects that person rather than another of the opposite sex with equal qualifications, and, in particular, when a person is discriminated against and thereby is given less favourable treatment than the opposite sex due to pregnancy or confinement.
Act respecting equality between women and men §8-9

Prohibition of pregnancy testing

Not identified
Employment Contracts Act
Act respecting equality between women and men

Protection from discriminatory dismissal

The employer shall not terminate an employment contract on the basis of the employee’s pregnancy or because the employee is exercising his or her right to the family leave. On request, the employee must present the employer with proof of pregnancy.
Employment Contracts Act 7§9

Burden of proof

If the employer terminates the employment contract of a pregnant employee or an employee on family leave, the termination shall be deemed to have taken place on the basis of the employee’s pregnancy or family leave unless the employer can prove there was some other reason.

If a person considers that she/he has been a victim of discrimination under the provisions of the Act respecting equality between women and men and presents a matter referred to in the Act to a court of law or to a competent authority and the facts give cause to believe that the matter is one of gender discrimination, the defendant must prove that there has been no violation of the equality between women and men but that the action was for an acceptable reason and not due to gender. This provision does not apply to the consideration of criminal cases.
Employment Contracts Act 7§9
Act respecting equality between women and men Section 9

Guaranteed right to return to work

At the end of a leave referred to in this chapter, employees are in the first place entitled to return to their former duties. If this is not possible, employees shall be offered equivalent work in accordance with their employment contract, and if this is not possible either, other work in accordance with their employment contract.
Employment Contracts Act 4§9

Results generated on: 29th November 2014 at 07:12:58.
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