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Greece - Maternity protection - 2011


LAST UPDATE

04 November 2011
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Data quantity

LOW

SOURCES


Name of Act

Act 3144 of 2003 Social Dialogue for the Promotion of Employment and Social Protection and other provisions. (Breastfeeding)

Name of Act

Act 2874 of 2000 Promotion of Employment and other Provisions(parental leave, increase maternity leave)

Name of Act

Act No 3488 of 2006 on Application of the Principle of Equal Treatment Between Men and Women Regarding Access to Employment, Vocational Training, Promotion, Terms and Conditions of Employment and Other Relevant Provisions.

Name of Act

Act 176 of 1997 Protection of Pregnant women from Dismissal

Name of Act

Act No. 1483 of 1983 Protection and facilitation of obligations of workers with family obligations.

Name of Act

Social Security Law No. 1846 of 14 June of 1951
Law 3586 of 2007 Institutional Framework for Investment and Exploitation of the Wealth of Social Security
Law 3607 of 2007 Electronic Government Social Insurance
Law 3655 of 2008 Administrative and organizational reform of the Social Security System and other provisions
National Health System Law No. 1397 of 7 October of 1983

Other source used

Greece - Social Security Programs Throughout the World 2010

Other source used

Ministry of Employment and Social Protection

Other source used

Other source used

Ministry of Health

Other source used

Other source used

Other source used

Greece Social Security

MATERNITY LEAVE


Scope

Workers in industry, commerce and agriculture in the private sector.
As households do not fall into these previous categories, domestic workers are implicitly excluded.
The norms applicable to public servants were not identified.
Act 2874 of 2000 Promotion of Employment and other Provisions(parental leave, increase maternity leave)
ISSA

Qualifying conditions

There was not available information in English
Ministry of Employment and Social Protection

Duration

17 Weeks
Act 2874 of 2000 Promotion of Employment and other Provisions(parental leave, increase maternity leave) §11

Compulsory leave

8 weeks before and 9 weeks after confinement
Act 2874 of 2000 Promotion of Employment and other Provisions(parental leave, increase maternity leave)

General total duration

17 weeks
Act 2874 of 2000 Promotion of Employment and other Provisions(parental leave, increase maternity leave)
Ministry of Employment and Social Protection
Historical data (year indicates year of data collection)
  • 2009: 119 days (56 days prenatal and 63 days postnatal leave)
  • 2004: One hundred and nineteen days
  • 1998: Sixteen weeks
  • 1994: Sixteen weeks

Extension

Extension is not provided in case of multiple births
Act 2874 of 2000 Promotion of Employment and other Provisions(parental leave, increase maternity leave)

Leave in case of illness or complications

It was impossible to have access to information on further leave in case of sickness ensue from pregnancy or confinement.

There are nevertheless, leaves for look after a child sick or to attend parents meeting at school.
6 to 10 days’ leave to look after a sick child, depending on the number of children.
4 days’ leave of absence for schooling support
1 hour per day shorter working with an equivalent docking of pay for workers looking after disable dependents.

BREASTFEEDING

There where no identifiable legal provisions on Breastfeeding breaks, although it was establishes a duty on the head of industrial enterprises or farms with more than 300 employees to adequate facilities for breastfeeding.
Act No. 1483 of 1983 Protection and facilitation of obligations of workers with family obligations. §5,8,12

RELATED TYPES OF LEAVE


Parental leave

The general Parental leave is granted with pay to either the father or the mother and consists of a reduction of working hours, either:
* as one hour per day for 30 months from the end of maternity leave or (in agreement with the employer)
* as two hours per day for 12 months from the end of maternity leave and for one hour for an additional 6 months or
* as the same number of hours as additional leave with pay.

Law 3655 of 2008 introduced the protection of motherhood and mothers can have an additional six-month leave after the expiration of the maternity leave provided by Article 142 of the National General Collective Labour Agreement of 2000/2002. which can be taken before or after exercising their right to reduced working hours.
Act 3144 of 2003 Social Dialogue for the Promotion of Employment and Social Protection and other provisions. (Breastfeeding) §7
Act No. 1483 of 1983 Protection and facilitation of obligations of workers with family obligations. §5
Social Security Law No. 1846 of 14 June of 1951
Law 3586 of 2007 Institutional Framework for Investment and Exploitation of the Wealth of Social Security
Law 3607 of 2007 Electronic Government Social Insurance
Law 3655 of 2008 Administrative and organizational reform of the Social Security System and other provisions
National Health System Law No. 1397 of 7 October of 1983

Scope

workers with a contract or employment relationship in the private sector or agricultural sector. It applies to workers of both sexes, who have obligations to dependents children or other family members who need their care or support, in order to facilitate their preparation for entry to employment, conservation, and professional development.

It does not apply to:
Employees in public, local authorities and other entities of public law
Maritime work.
Act No. 1483 of 1983 Protection and facilitation of obligations of workers with family obligations. §1

Qualifying conditions

Minimum period of continuous employment with the same employer for a year.
The child shall be not older than three years and six months.

This leave is granted for each child
Cannot exceed three and half months for each parent and is unpaid. Parents who have already made use of parental leave for one child must complete one additional year of employment before requesting additional parental leave.

Parents of children under 16 years are also entitled to paid leave for school visits up to four days per year.
Act No. 1483 of 1983 Protection and facilitation of obligations of workers with family obligations.

Paternity leave

2 paid days after childbirth.
Act 2874 of 2000 Promotion of Employment and other Provisions(parental leave, increase maternity leave) National General Collective Labour Agreement 2000-2011, §19
Ministry of Employment and Social Protection

Qualifying conditions

It was impossible to have access to further details of the legislation.
Nomothesia
Greek Legislation Database
Ministry of Employment and Social Protection

Adoption leave

Parents who adopt children not older than 6 years old are entitled to reduction of working hours.
It was impossible to known further details on this right in English.

National General Collective Labour Agreement of 1993,§ 9
National General Collective Labour Agreement of 2000-2001, §8
Ministry of Employment and Social Protection
Act 2874 of 2000 Promotion of Employment and other Provisions(parental leave, increase maternity leave)

RIGHT TO PART-TIME WORK

Please see parental leave provisions.

General provisions

It was impossible to have access to this information in English in order to confirm or exclude the existence of this right.
Ministry of Employment and Social Protection

CASH BENEFITS


Maternity leave benefits


Scope

Employees in industry, commerce, and related occupations and certain urban self-employed persons (including actors, newspaper vendors, and chartered accountants). Pensioners and noncontributory old-age pensioners are covered for medical benefits.

Exclusions: Employed and self-employed persons covered by approved occupational and public-sector funds providing equivalent benefits.

Special systems for agricultural workers, public-sector employees, doctors and dentists, architects, notaries, commercial motor vehicle operators, shipping agents, tradesmen, and craftsmen.
ISSA

Qualifying conditions

The insured woman must have at least 200 days of contributions in the last 2 years.
ISSA
Ministry of Employment and Social Protection
Ministry of Health

Duration

17 weeks
Act 2874 of 2000 Promotion of Employment and other Provisions(parental leave, increase maternity leave) §11

Amount

Maternity benefit: 50% of daily earnings is paid for up to 56 days before and 63 days after childbirth.
Dependent’s supplement: 10% of the benefit is paid for each dependent, up to 40%.
The minimum benefit is 66.7% of the insured’s earnings. (The insured may also receive a maternity supplement of up to 33.3% of earnings.)
The maximum daily benefit is Euro 45.19 with no dependents; Euro 63.27 a day with dependents.
Birth grant: Euro 928.10 is paid for each child.
Greece - Social Security Programs Throughout the World 2008
Historical data (year indicates year of data collection)
  • 2009: 100 per cent: - Pregnancy and confinement benefits: 50 percent of daily earnings, plus a dependent's supplement (10 percent for each dependent, up to a maximum of 40 percent) and a possible maternity supplement. The minimum benefit is equal to 2/3 of the insured's net earnings, the maximum €47,47 per day (December 2009) with no dependents and €66,46 a day (December 2009) with a maximum of four dependents. - Supplementary maternity allowance: amount is equal to the difference between the pregnancy and confinement benefits and the earnings the insured women is entitled to, in accordance with the relevant collecitve agreement or the salary actually paid to her, on conditions that this salary does not exceed that granted to ensured persons who belong to the each time applicable highest insurance class of the IKA (main insurance Body in Greece)
  • 2004: One hundred percent
  • 1998: Seventy-five percent
  • 1994: Seventy-five percent or more

Financing of benefits

Pregnancy and confinement benefits: Social security

Supplementary maternity allowance: State (OAED - Manpower Employment Organisation)
Information provided by the Ministry of Labour and Social Security, Greece
Historical data (year indicates year of data collection)
  • 2009: Pregnancy and confinement benefits: Social security Supplementary maternity allowance: State (OAED - Manpower Employment Organisation)
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security (plus Manpower Employment Organisation - counted as social security)

Parental leave benefits

The general Parental leave is granted with pay to either the father or the mother and consists of a reduction of working hours, either:
* as one hour per day for 30 months from the end of maternity leave or (in agreement with the employer)
* as two hours per day for 12 months from the end of maternity leave and for one hour for an additional 6 months or
* as the same number of hours as additional leave with pay.
Ministry of Employment and Social Protection
Act 2874 of 2000 Promotion of Employment and other Provisions(parental leave, increase maternity leave)

Scope

Employees in industry, commerce, and related occupations and certain urban self-employed persons (including actors, newspaper vendors, and chartered accountants). Pensioners and noncontributory old-age pensioners are covered for medical benefits.

Exclusions: Employed and self-employed persons covered by approved occupational and public-sector funds providing equivalent benefits.

Special systems for agricultural workers, public-sector employees, doctors and dentists, architects, notaries, commercial motor vehicle operators, shipping agents, tradesmen, and craftsmen.
ISSA

Qualifying conditions

There is not available information in English
Ministry of Employment and Social Protection

Duration

2 days
Ministry of Employment and Social Protection

Financing of benefits

Social Security
Social Security Law No. 1846 of 14 June of 1951
Law 3586 of 2007 Institutional Framework for Investment and Exploitation of the Wealth of Social Security
Law 3607 of 2007 Electronic Government Social Insurance
Law 3655 of 2008 Administrative and organizational reform of the Social Security System and other provisions
National Health System Law No. 1397 of 7 October of 1983

Paternity leave benefits

2 paid days
Further details are unknown because information available in English is extremely restricted.
Ministry of Employment and Social Protection

Adoption leave benefits

Adoptive parents enjoy as benefit a reduction in working hours. It was not possible to establish whether or not this reduction will include reduction of wages.
Information available in English is extremely reduced, in consequence we are not in position to provide further details.
Ministry of Employment and Social Protection
Greece
Margarita Matsi, Kelemenis & Co Law Firm

MEDICAL BENEFITS

Maternity medical benefits: Paid to an insured women or the dependent wife of an insured man or pensioner.
The facilities of the Social Insurance Institute normally provide medical services directly to patients. Benefits include general and specialist care; care in a hospital, sanatorium, or nursing home; medicine; maternity care; dental care; appliances; and transportation.
Cost sharing: The insured pays 25% of pharmaceutical costs and up to 25% of the cost of other services (including prostheses and eyeglasses) except for hospitalization. Social solidarity grant pensioners pay 10% of costs.
There is no limit to duration.
ISSA
Greece Social Security

Pre-natal, childbirth and post-natal care

The extent of medical benefits is unknown because of the restricted information provide in English by Official web-sites.
ISSA
Ministry of Employment and Social Protection

Financing of benefits

Social Security
ISSA

HEALTH PROTECTION

Medical benefits: The insured must have at least 50 days of contributions in the last year or last 15 months (excluding the last quarter) or must be a pensioner.

Maternity medical benefits: Paid to an insured women or the dependent wife of an insured man or pensioner.
ISSA

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

It is forbidden all discrimination direct or indirect based on sex and in accordance with the family status when hiring, training, promoting and remunerating work of male and female workers.
The sexual harassment constitutes a discrimination based on sex and therefore is not permitted.
Act No 3488 of 2006 on Application of the Principle of Equal Treatment Between Men and Women Regarding Access to Employment, Vocational Training, Promotion, Terms and Conditions of Employment and Other Relevant Provisions.

Prohibition of pregnancy testing

It is not expressly prohibited. Nevertheless, employers are entitled to demand female employees to take pregnancy tests only when the hazardous work threatens the health of the mother or the fetus.
Act No 3488 of 2006 on Application of the Principle of Equal Treatment Between Men and Women Regarding Access to Employment, Vocational Training, Promotion, Terms and Conditions of Employment and Other Relevant Provisions. §5

Protection from discriminatory dismissal

Is strictly prohibited and void the termination of the employment contract by the employer, both during pregnancy and for the time one year after childbirth or during her absence for a longer time because of a disease due to pregnancy or childbirth, unless there is a serious reason to complaint.
Act No. 1483 of 1983 Protection and facilitation of obligations of workers with family obligations. §15

Burden of proof

Less favorable treatment of women during pregnancy and maternity in notion of presidential decrees 176/1997 and 41/2003, or parents due to parental leave parenting or child care, maternity leave constitutes discrimination within the meaning of this Act.
Act No 3488 of 2006 on Application of the Principle of Equal Treatment Between Men and Women Regarding Access to Employment, Vocational Training, Promotion, Terms and Conditions of Employment and Other Relevant Provisions. §5

Guaranteed right to return to work

The employee who is on maternity leave has the right after the end of this permit, to return to her job or an equivalent position with the same professional terms and conditions, and to benefit from any improvement in working conditions which would have been entitled during her absence.
This protection applies to working parents who make use of parental leave child-rearing.
Act No 3488 of 2006 on Application of the Principle of Equal Treatment Between Men and Women Regarding Access to Employment, Vocational Training, Promotion, Terms and Conditions of Employment and Other Relevant Provisions. §5

Results generated on: 30th October 2014 at 17:00:20.
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