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Hungary - Maternity protection - 2009


LAST UPDATE

3 August 2009

SOURCES


Name of Act

Act No. 125 of 2003 on Equal Treatment and the Promotion of Equal Opportunities (2003. évi CXXV. törvény az egyenlõ bánásmódról és az esélyegyenlõség elõmozdításáról), as amended

Name of Act

Act No. 84 of 1998 on Family Support (1998. évi LXXXIV. törvény a családok támogatásáról), as amended

Name of Act

Act No. 83 of 1997 on Compulsory Health Insurance (1997. évi LXXXIII. törvény a kötelezõ egészségbiztosítás ellátásairól), as amended

Name of Act

Act No. 80 of 1997 on Persons Entitled Social Security Benefits and Private Pensions, as well as the Coverage of these Benefits (1997. évi LXXX. törvény a társadalombiztosítás ellátásaira és a magánnyugdíjra jogosultakról, valamint e szolgáltatások fedezetérõl), as amended

Name of Act

Labour Code, Act No. 22 of 1992 Magyar Kozlony, 4 May 1992, as amended up to 1 June 2009 [latest version only available in Hungarian]

Name of Act

Act No. 93 of 1993 on Labour Safety (1993.évi XCIII. törvény a munkavédelemr), as amended

MATERNITY LEAVE


Scope

Pregnant women and women giving birth who are in an employment relationship.
Labour Code §1, 138

Duration


Compulsory leave

The maternity leave shall be scheduled so as to commence four weeks prior to the expected time of birth if possible.
Labour Code §138(1)

General total duration

Twenty-four weeks.
Labour Code §138(1)
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2011: Twenty-four weeks.
  • 2004: Twenty-four weeks
  • 1998: Twenty-four weeks
  • 1994: Twenty-four weeks

Extension

The law provides no right for extension of maternity leave (e.g. in case of the birth of twins).

Leave in case of illness or complications

There are no specific legal provisions for cases of illness or complications during pregnancy or childbirth. The general provisions on sick leave apply.
Labour Code see §137

RELATED TYPES OF LEAVE


Parental leave


Scope

Employees (both women and men)
Labour Code §138(5)

Qualifying conditions

The employee shall be entitled to a leave of absence without pay a) in order to care for the child until the child reaches the age of three; b) in order to care for the child until the child reaches the age of ten, if the employee receives a child care allowance (i.e. in the case of a disabled child); c) in order - in the event of the child’s illness - to provide home care until the child reaches the age of twelve.
Labour Code §138(5)

Length

Until the child reaches the age of three to twelve years (see "qualifying conditions").
Furthermore, working parents may request one year of unpaid leave for the care of one’s child before (s)he reaches age 14.
Labour Code §130, 138

Paternity leave


Scope

Employed (biological or adoptive) fathers.
The father shall be entitled to the leave even if the child is stillborn or dies.
Labour Code §138/A(1)-(3)

Length

Five days, granted within the first 2 months after birth, as requested by the father.
Labour Code §138/A(1)

Adoption leave


Scope

Under the Labour Code, adoptive fathers are entitled to paternity leave as biological fathers.
Under the Health Insurance Act states, insured women are entitled to maternity benefits when adopting a newborn child. Additionally, adoptive parents are regarded as parents for the purpose of parental leave benefits.
Labour Code §138/A(3)
Act No. 83 of 1997 on Compulsory Health Insurance §39, 40(4), 42/A(2)

CASH BENEFITS


Maternity leave benefits


Scope

Maternity allowance (terhességi-gyermekágyi segély) is paid to employees and self-employed and assimilated groups (insured persons).
Act No. 80 of 1997 on Persons Entitled Social Security Benefits and Private Pensions, as well as the Coverage of these Benefits §5

Qualifying conditions

At least 180 days of insurance during the last two years before delivery; and the birth takes place during the insurance period or within 42 calendar days of its expiry (or 28 days in case of receiving sick pay).
Act No. 83 of 1997 on Compulsory Health Insurance §40(1)

Duration

24 weeks (4 weeks before and 20 weeks after planned date of birth or 24 weeks after the date of birth, depending on the mothers’ choice).
Act No. 83 of 1997 on Compulsory Health Insurance §40(3)
Labour Code §138

Amount

70% of the daily average gross earnings of the previous year.
Act No. 83 of 1997 on Compulsory Health Insurance §42, 48(1)-(3)
Historical data (year indicates year of data collection)
  • 2011: 70% of the daily average gross earnings of the previous year.
  • 2004: Pre-natal (min. four weeks): 70 percent. The rest of the period is flat rate.
  • 1998: One hundred percent
  • 1994: One hundred percent to sixty-five percent depending on contract - count as 100 percent

Financing of benefits

Health insurance.
Act No. 83 of 1997 on Compulsory Health Insurance §18
Historical data (year indicates year of data collection)
  • 2011: Health insurance.
  • 2004: Social security
  • 1998: Social security
  • 1994: Social security

Parental leave benefits


Scope

Both women and men are eligible for:
1) Child Care Fee (gyermekgondozási díj, GYED): for gainfully employed parents (insured persons);
2) Child home care allowance (gyermekgondozási segély, GYES): parents (including foster parents, guardians), grandparents with the consent of the entitled parent; Hungarian citizen, lawful refugees and lawful immigrants are entitled;
3) Child Raising Support (gyermeknevelési támogatás, GYET): parents (including foster parents, guardians), grandparents with the consent of the entitled parent; Hungarian citizen, lawful refugees and lawful immigrants are entitled.
Act No. 83 of 1997 on Compulsory Health Insurance §42/A(1)
Act No. 84 of 1998 on Family Support §2, 19, 20, 23

Qualifying conditions

1) Conditions for payment of the Child Care Fee are at least 180 days of insurance during the last two years before delivery, that the child lives with the claimant’s family, and one of the parents is obliged to stay at home and care for the child.

2) Child Home Care Allowance (gyermekgondozási segély, GYES) is paid to entitled persons who stay away from work to care for their children. It is allowed for the parent of a child above 1 year of age to pursue gainful employment while receiving the allowance, but not more than 4 hours a day of without any time limitations if work is performed at home.

3) Child Raising Support is paid to parents who raise three or more children in their own home, if the youngest child is between 3 and 8 years old. The beneficiary can pursue a gainful activity no more than 4 hours a day, or without time restriction at home.
Act No. 83 of 1997 on Compulsory Health Insurance §42/A
Act No. 84 of 1998 on Family Support §20, 21, 23, 24

Duration

1) The Child Care Fee is paid after the expiry of Maternity Allowance (terhességi-gyermekágyi segély) until the child reaches 2 years of age.

2) Child Home Care Allowance (gyermekgondozási segély, GYES) is paid for parents who care for a child under three years of age (under 10 years of age for disabled children) or for grandparents who care for their grandchildren aged between 1-3 years in the household of the parent. In case of twins the allowance is paid until the children reach the compulsory schooling age (usually 6 years).

3) Child Raising Support (Gyermeknevelési támogatás):
For the time period in which the youngest child of three or more children is between 3 and 8 years of age.
Act No. 83 of 1997 on Compulsory Health Insurance §42/A(1)
Act No. 84 of 1998 on Family Support §20, 20/A, 23

Amount

1) Child Care Fee (gyermekgondozási díj, GYED): 70% of the daily average gross earnings of the previous year. Maximum 70% of the double of the minimum wage, i.e. HUF 100,100 (1 January 2009).

2) Child home care allowance (gyermekgondozási segély, GYES): Its monthly amount is equal to the minimum old-age pension, irrespective of the number of children in the family. In case of twins the amount is doubled, irrespective of the number of twins in the family.

3) Child Raising Support (gyermeknevelési támogatás, GYET): The monthly amount is equal to the minimum old-age pension, irrespective of the number of children.
Act No. 83 of 1997 on Compulsory Health Insurance §42/D(1), 48
Act No. 84 of 1998 on Family Support §23, 26

Financing of benefits

1) Child Care Fee: health insurance

2) Child Home Care Allowance (gyermekgondozási segély) and Child Raising Support: the state budget (tax financed)
Act No. 83 of 1997 on Compulsory Health Insurance §42/A
Act No. 80 of 1997 on Persons Entitled Social Security Benefits and Private Pensions, as well as the Coverage of these Benefits §18
Act No. 84 of 1998 on Family Support §35

Paternity leave benefits


Scope

Employed fathers (biological and adoptive fathers) during the time of paternity leave (even if the child is stillborn or dies)
Labour Code §1, 138/A

Duration

5 days.
Labour Code §138/A(1)

Amount

100 per cent ("absentee pay")
Labour Code §138/A(1), 151 A

Financing of benefits

State (Central Government Budget)
Labour Code §138/A(4)

Adoption leave benefits


Scope

Under the Health Insurance Act states, insured women are entitled to maternity benefits when adopting a newborn child. Adoptive fathers are entitled to paternity leave benefits as biological fathers. Additionally, adoptive parents are regarded as parents for the purpose of parental leave benefits.
Act No. 83 of 1997 on Compulsory Health Insurance §39, 40(4), 42/A(2)
Labour Code §138/A(3)

Qualifying conditions

See the qualifying conditions for maternity, paternity and parental leave allowances.

Duration

Maternity leave for adoptive mothers: the remainder of the leave period at the time of adoption (up to 24 weeks).

For the duration of additional adoption leave allowance, see parental and paternity leave allowances.
Act No. 83 of 1997 on Compulsory Health Insurance §40(4)

Amount

See the amount of maternity, paternity and parental leave allowances.

Financing of benefits

See the financing of benefits of maternity, paternity and parental leave allowances.

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Insured women are entitled to the whole scale of medical treatment during pre-natal, childbirth and post-natal period. Furthermore there are some specific maternity benefits: check-ups, delivery at home or in hospital, basic advice on breast-feeding, home care services, family assistance.

A Birth Grant (anyasági támogatás) is paid to resident women who give birth and who are Hungarian nationals, long-term residents or refugees; adoptive parents; guardians; or the father in case of death of the mother. The condition of birth grant is as follow: completion of at least four prenatal medical examinations (one in case of premature birth) or res iudicata judgement on adoption or guardianship within 180 days of confinement. The birth grant is one-time lump-sum payment of 225 per cent of the minimum old age pension.
Act No. 83 of 1997 on Compulsory Health Insurance
Act No. 84 of 1998 on Family Support §29-31

Financing of benefits

Insured women’s health care is financed by health insurance contributions (by employers and employees) and health fee (egészségügyi hozzájárulás). The birth grant is financed by taxes.
Act No. 80 of 1997 on Persons Entitled Social Security Benefits and Private Pensions, as well as the Coverage of these Benefits §18

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

During the first six months of nursing, a woman shall be entitled to two hours of worktime allowance each day, and one hour daily thereafter up to the end of the ninth month. In respect of multiple births, the worktime allowance for nursing shall be commensurate with the number of children.
Labour Code §138(6)

Remuneration of nursing breaks

Regular pay ("absentee pay")
Labour Code §138(6), 151(2)(f), 151/A

HEALTH PROTECTION


Arrangement of working time


Night work

Starting from the determination of pregnancy until the child reaches one year of age mothers can not be assigned to carry out night work.
Labour Code §121(2), 127(6)

Overtime

Overtime ("special work duty") is prohibited for women between the time when a pregnancy is diagnosed up to the time when the child reaches one year of age.
Labour Code §127(6)

Time off for medical examinations

[General Provision for all employees] Employees shall be relieved from the obligation of performance of work - if incapacitated due to illness; - for the entire duration of compulsory medical examination (including pregnancy tests).
Labour Code §107

Dangerous or unhealthy work


General

Applicable to all women:
Women shall not be employed in work which may result in detrimental effects with a view to their physical condition or development. The particular jobs shall be determined by legal regulation.
Labour Code §75(1)

Risk assessment

[General Provision for all employees]
The Act No. 93 of 1993 on Labour Safety and its implementing regulations provide the right for safe and healthy workplace and working conditions for every person engaged in employment activity in Hungary.
Act No. 93 of 1993 on Labour Safety

» Assessment of workplace risks

[General Provision for all employees]
Employers shall evaluate the qualitative and quantitative aspects of risks jeopardizing the health and safety of employees, with particular regard to the applied work equipment, the hazardous materials and preparations, the potential strain on the employees and the arrangement of the workplace. Based on such evaluation, measures shall be taken to improve work conditions which shall be integrated into the activities of the employer at all levels of administration. Employers shall carry out the above mentioned risk evaluation and shall implement the required precautionary measures within one year from the date of commencement of employment and any time after that when and where necessary, and shall review said evaluation annually. Any substantial change in the risks involved (i.e. in the working conditions, technological process, dangerous substances and preparations, tools and equipment, or in the nature of work) shall be deemed to justify the evaluation, as well as when any new technology, dangerous substance or preparation, tools or equipment, or new work arrangements are introduced. Risk evaluation shall be performed instantly if any substantial change in the risks involved also entail or suggest the danger of industrial accidents, increased exposure or occupational disease.
Act No. 93 of 1993 on Labour Safety §54

» Transfer to another post

A woman, from the time her pregnancy is diagnosed until her child reaches one year of age, shall be temporarily reassigned to a position suitable for her condition from a medical standpoint, or the working conditions in her existing position shall be modified as appropriate, on the basis of a medical report pertaining to employment. The new position shall be designated upon the employee’s approval.

The wages of a woman temporarily reassigned to a different position or employed under modified work conditions without being transferred on the basis of above mentioned paragraph shall not be less than her previous average earnings.

A women shall not be obliged to carry out work at another location due to employer´s economic reasons without her consent as of the time of her pregnancy up to the time when her child reaches three years of age.
Labour Code §85(1)(2), 102(3)

» Paid/unpaid leave

If the employer is unable to provide another position as appropriate for a pregnant woman’s medical condition, the woman shall be relieved from work and shall receive the wages payable for idle time for such period of time.
Labour Code §85(2)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Provisions that result in a person or a group being treated less favourably than another person or group in a comparable situation because of his/her family status, motherhood (pregnancy) or fatherhood are considered as negative discrimination.
It is considered a particular violation of the principle of equal treatment if the employer inflicts direct or indirect negative discrimination upon an employee, especially when the following provisions are made or applied in: a) access to employment, especially in public job advertisements, hiring, and terminating the employment relationship, and in the conditions of employment.
Act No. 125 of 2003 on Equal Treatment and the Promotion of Equal Opportunities §8, 21

Prohibition of pregnancy testing

Employees must not be compelled to take a pregnancy test or to produce a certificate thereof, unless it is prescribed by legal regulation so as to determine the employee`s proficiency for the position in question.
Labour Code §77(2)

Protection from discriminatory dismissal

The employers shall not terminate an employment relationship by ordinary dismissal for the period of sick leave for the purpose of caring for a sick child, during pregnancy, for three months after giving birth, or during maternity leave, leave of absence without pay for the purpose of nursing or caring for children, during parental leave until the child reaches the age of three and during the period of eligibility for child-care allowance (irrespective of any leave of absence without pay).

The basic wage of employees shall be adjusted following upon ending a leave of absence without pay taken for the nursing or care of children, in accordance with the average annual wage improvement implemented in the meantime by the employer for employees in the same position and with the same experience. In the absence of such similar employees, the rate of actual annual wage improvements implemented by the employer shall be applied.
Labour Code §84, 90(1), 138(1), 138(5)

Burden of proof

In procedures initiated because of a violation of the principle of equal treatment, the injured party or the party entitled to assert claims of public interest must prove that a) the injured person or group has suffered a disadvantage, and b) the injured party or group possess characteristic based on which prohibited discrimination is possible (such as family status, motherhood/fatherhood).
If the case described above has been proven, the other party shall prove that a) it has observed or b) in respect of the relevant relationship was not obliged to observe, the principle of equal treatment.
Act No. 125 of 2003 on Equal Treatment and the Promotion of Equal Opportunities §8, 21

Results generated on: 21st September 2014 at 08:06:50.
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