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Lithuania - Maternity protection - 2009


LAST UPDATE

8 June 2009

SOURCES


Name of Act

Constitution of the Republic of Lithuania, 6 November 1992, as amended up to July 2004.

Name of Act

Labour Code, of 4 June 2002 as amended to Act No. XI-86 of 19 December 2008 (online version in English as amended up to 20 December 2005 by Act IX-926)

Name of Act

Law on Safety and Health at Work, 1 July 2003 No.IX-1672, as amended by 26 October 2004 No. IX-2507

Name of Act

Law on equal opportunities for women and men, 1 December 1998 No VIII-947 Vilnius, as amended up to 18 December 2007 (No X-1380)

Name of Act

Law on Sickness and Maternity Social Insurance, of 21 December 2000 (No IX-110), as amended to 20 December 2007 (X-1400)

Other source used

Lithuania - Social Security Programs Throughout the World 2008: Europe, 2008 - US Social Security Administration

MATERNITY LEAVE


Scope

Employed women. Labour laws and other regulatory acts shall be applied to labour relations in the territory of the Republic of Lithuania regardless of whether the person is employed in Lithuania or has been posted by his employer abroad.
Constitution of the Republic of Lithuania §39
Labour Code §5.1

Duration


General total duration

126 consecutive days (70 calendar day before and 56 calendar days after childbirth)
Labour Code §178 and 179
Historical data (year indicates year of data collection)
  • 2011: 126 consecutive days (70 calendar day before and 56 calendar days after childbirth)
  • 2004: One hundred and twenty-six calendar days
  • 1998: n.a.
  • 1994: n.a.

Extension

70 days postnatal leave in the case of birth of two or more children.
Labour Code §178 and 179

Leave in case of illness or complications

70 days postnatal leave in the event of complicated confinement.
Labour Code §178 and 179

RELATED TYPES OF LEAVE


Parental leave


Scope

Parental leave shall be granted, at the choice of the family, to the mother/adoptive mother, the father/adoptive father, the grandmother, the grandfather or any other relatives who are actually raising the child also to the employee who has been recognised the guardian of the child.
Labour Code §180

Qualifying conditions

The employee intending to use the leave or to return to work before the end of the leave must give the employer an at least fourteen days¿ written notice. A longer period of notice my be established in the collective agreement.
Labour Code §180

Length

Up to the child`s third birthday. The leave may be taken as a single period or be distributed in portions. The employees entitled to this leave may take it in turn.
Labour Code §180

Paternity leave


Length

From the day of birth of a child until the child reaches the age of one month.
Lithuania - Social Security Programs Throughout the World 2008

Adoption leave


Scope

Adoptive parents.
Labour Code §179(2)

Qualifying conditions

No specific requirements for the "maternity leave" (leave until the child reaches 70 days of age). The employee intending to use the "parental leave" or to return to work before the end of the leave must give the employer an at least fourteen days¿ written notice. A longer period of notice my be established in the collective agreement.
Labour Code §180

Length

Until the child is 70 days old ("maternity leave") and afterwards "parental leave" until the child reaches three years of age.
Labour Code §179(2), 180

RIGHT TO PART-TIME WORK


General provisions

On request of a pregnant woman, a woman who has recently given birth, a woman who breast-feeds, an employee raising a child until it reaches three years of age, as well as an employee who alone raises a child until it reaches fourteen years of age or a disabled child until it reaches eighteen years of age part-time work shall be granted.
Labour Code §146(1)

Length

The minimum and maximum average monthly reimbursed remuneration of the allowance beneficiary who is not on child care leave until the child is 1 year old, who, however, due to child care is working part time, shall be calculated according to the reduced amount of remuneration due to part-time work.
Law on Sickness and Maternity Social Insurance §6(1)

CASH BENEFITS


Maternity leave benefits


Scope

Persons insured under the Sickness and Maternity Social Insurance, who were granted pregnancy and child-birth leave.
Law on Sickness and Maternity Social Insurance §16(1)

Qualifying conditions

Women who have a sickness and maternity social sinruance record of not less than 3 months during the last 12 months or not less than 6 months during the last 24 months. Exceptions from these qualifying conditions apply inter alia for insured persons under 26 years of age.
Law on Sickness and Maternity Social Insurance §16

Duration

126 calendar days after 30 or more weeks or pregnancy. In the case of complicated childbirth and if more than one child was born, the allowance shall be paid for extra 14 calendar days. The same applies to women who gave birth in the 28th-30th week of pregnancy.
Law on Sickness and Maternity Social Insurance §17

Amount

100 per cent of the insured person`s income.
Law on Sickness and Maternity Social Insurance §18
Historical data (year indicates year of data collection)
  • 2011: 100 per cent of the insured person`s income.
  • 2004: One hundred percent
  • 1998: n.a.
  • 1994: n.a.

Financing of benefits

Social insurance, which is financed inter alia with contributions of the employers and the insured.
Law on Sickness and Maternity Social Insurance §22
Historical data (year indicates year of data collection)
  • 2011: Social insurance, which is financed inter alia with contributions of the employers and the insured.
  • 2004: Social security
  • 1998: n.a.
  • 1994: n.a.

Parental leave benefits


Scope

The right to receive parental leave benefits ("maternity (paternity) allowance") shall be enjoyed by one of the parents (adoptive parents) or a guardian.
Law on Sickness and Maternity Social Insurance §19(1)

Qualifying conditions

The person has to be - insured by maternity and sickness social insurance; - granted a childcare leave; - and has accumulated until the first day of the childcare leave at least 7 months sickness and maternity social insurance period during the last 24 months.
Law on Sickness and Maternity Social Insurance §19(1)

Duration

Parental leave allowance shall be paid from the period after the end of pregnancy and childbirth leave until the child reaches the age of 2 years.
Law on Sickness and Maternity Social Insurance §19(1)

Amount

100 per cent before the child turns 1 year of age 85 per cent before the child turns 2 years of age
Law on Sickness and Maternity Social Insurance §21(1)

Financing of benefits

Social insurance, which is financed inter alia with contributions of the employers and the insured.
Law on Sickness and Maternity Social Insurance §22

Paternity leave benefits


Scope

A parent who has recognised paternity.
Law on Sickness and Maternity Social Insurance §18-1

Qualifying conditions

The person has to be - insured by maternity and sickness social insurance; - granted child care leave before the child is 1 month old; - and has accumulated until the first day of the childcare leave at least 7 months sickness and maternity social insurance period during the last 24 months.
Law on Sickness and Maternity Social Insurance §18-1

Duration

Paternity allowance shall be paid for the period of paternity leave from the day of childbirth until the child is 1 month old.
Law on Sickness and Maternity Social Insurance §18-2

Amount

100 per cent of the insured person`s income.
Law on Sickness and Maternity Social Insurance §18-3

Financing of benefits

Social insurance, which is financed inter alia with contributions of the employers and the insured.
Law on Sickness and Maternity Social Insurance §22

Adoption leave benefits


Scope

The insured person who adopted a newborn baby shall be paid maternity allowance. Furthermore, the right to receive adoption leave benefits ("maternity (paternity) allowance") shall be enjoyed by one of the adoptive parents.
Law on Sickness and Maternity Social Insurance §17(5),19(1)

Qualifying conditions

The person has to be insured by maternity and sickness social insurance and granted a childcare leave; For maternity allowances, the person has to have sickness and maternity social insurance record of not less than 3 months during the last 12 months or not less than 6 months during the last 24 months, and for the adoption leave benefits ("maternity (paternity) allowance") he/she must have compiled at least 7 months sickness and maternity social insurance period during the last 24 months until the first day of leave.
Law on Sickness and Maternity Social Insurance §16(1), 19(1)

Duration

The insured person shall be paid maternity allowance for the period from the date of adoption until the day the baby is 70 days old. Adoptive leave allowance shall be paid after this period until the child reaches the age of 2 years.
Law on Sickness and Maternity Social Insurance §17(5), 19(1)

Amount

100 per cent before the child turns 1 year of age 85 per cent before the child turns 2 years of age
Law on Sickness and Maternity Social Insurance §18(1), 21(1)

Financing of benefits

Social insurance, which is financed inter alia with contributions of the employers and the insured.
Law on Sickness and Maternity Social Insurance §22

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

In addition to the general break to rest and to eat, a breast-feeding woman shall be at least every three hours given at least 30-minute breaks to breast-feed. At the mother’s request the breaks for breast-feeding may be joined or added to the break to rest and eat or given at the end of the working day, shortening the working day accordingly.
Labour Code §278(8)

Transfer to another post

Payment for these breaks to breast-feed shall be calculated according to the average daily pay of the employer.
Labour Code §278.8

HEALTH PROTECTION


Arrangement of working time


Night work

Pregnant women, women who have recently given birth or breast-feeding women may be assigned to work at night (22:00-06:00). If such employees refuse to work at night and submit a certificate that such work would affect their safety and health, they shall be transferred to day-time work. Where it is not possible to transfer such employees to day-time work due to objective reasons, they shall be granted a leave until they go on maternity leave or child-care leave until the child is 1 year of age. During the period of leave granted before the employee goes on maternity leave she shall be paid her average monthly pay.
Labour Code §154.4 and 278(10)

Overtime

Pregnant women, women who have recently given birth or breast-feeding women may not be assigned to work overtime without their consent.
Labour Code §150.4 and 278(9)

Work on rest days

Pregnant women, women who have recently given birth to a child, breastfeeding women, the employees raising, as single parents, a child before he/she has reached the age of three, and employees raising a child before he/she has reached the age of fourteen or a disabled child before he/she has reached the age of sixteen, may be assigned work on rest days only subject to their consent. It shall be prohibited to work during holidays, with the exception of work which cannot be interrupted on technical grounds (enterprises and organisations of uninterrupted operation), work involving the need to provide services to the population as well as work involving urgent repair and loading. In such cases, pregnant women, the above mentioned women may be assigned work during holidays only subject to their consent.
Labour Code §161(6), 162(2)

Time off for medical examinations

Where a pregnant woman, a woman who has recently given birth or a breast-feeding woman has to attend medical examinations, she must be released from work for such examinations without loss in her average pay, if such examinations have to take place during working hours.
Labour Code §278(7)

Other work arrangements

On request of a pregnant woman, a woman who has recently given birth until the child reaches one year of age, a woman who breast-feeds, an employee raising a child until it reaches three years of age, as well as an employee who solely raises a child until it reaches fourteen years of age or a child with limited functional capacity until it reaches sixteen years of age part-time work shall be granted.
Labour Code §146

Dangerous or unhealthy work


General

A pregnant or breast-feeding woman or a woman who has recently given -birth must be provided with safe and healthy conditions of work; they shall have the right to choose to work full or part-time. It shall be prohibited to assign pregnant and breast-feeding women and women who have recently given birth to perform work that may be hazardous to the health of the woman or the child. The list of hazardous working conditions and dangerous factors for pregnant women, women who have recently given birth or breast-feeding women shall be approved by the Government.
Labour Code §278(1)
Law on Safety and Health at Work §37(1)(2)

Risk assessment


» Assessment of workplace risks

In compliance with the lists of hazardous working conditions and dangerous factors, as well as occupational risk assessment results, it shall be obligatory to establish potential risk to safety and health of pregnant woman, woman who has recently given birth and breast-feeding woman. Upon assessment of the potential effect, the employer must take necessary measures to ensure that the above risk is eliminated.
Labour Code §278.2
Law on Safety and Health at Work §37(3)

» Adaptation of conditions of work

Where the elimination of dangerous factors is impossible, the employer shall implement measures to adjust the working conditions so that exposure of a woman who has recently given birth or a breast-feeding woman to risks is avoided.
Labour Code §278.3

» Transfer to another post

If the adjustment of her working conditions does not result in avoidance of her exposure to risks, the employer must transfer the woman (upon her consent) to another job (working place) in the enterprise, agency or organisation. Having been transferred to another job (working place) in the enterprise, agency or organisation, the pregnant woman, the woman who has recently given birth or the breast-feeding woman shall be paid not less than her average pay she received before being transferred to another job (working place).
Labour Code §278(3)(4)

» Paid/unpaid leave

If transferring a pregnant woman to another job (working place) where her and her expected child’s exposure to risks could be avoided is not technically feasible, the pregnant woman shall, upon her consent, be granted a leave until she goes on her maternity leave and shall be paid during the period of extra leave her average monthly pay. If it is not technically feasible to transfer a woman who has recently given birth or a breastfeeding woman after her maternity leave to another job (working place), where her or her child’s exposure to risks could be avoided the woman shall, upon her consent, be granted an unpaid leave until her child is 1 year of age and shall be paid for the period maternity insurance contributions prescribed by law.
Labour Code §63(5)(6) and 278(5)(6)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Violation of equal rights for women and men (discrimination) means passive or active conduct expressing humiliation and contempt, also restriction of rights or granting of privileges by reason of the person’s sex, except when relating to, among others, special protection of women during pregnancy, childbirth and nursing.
Law on equal opportunities for women and men §2.2(1)

Protection from discriminatory dismissal

An employment contract may not be terminated with a pregnant woman from the day on which her employer receives a medical certificate confirming pregnancy, and for another month after maternity leave, except when a judicial decision prevents her from continuing her job or the employee is deprived of special rights to perform certain work in accordance with the procedure prescribed by laws. Employment contracts with employees raising a child (children) under three years of age may not be terminated without any fault on the part of the employee concerned.
Labour Code §132

Guaranteed right to return to work

During the period of this leave (maternity, paternity, parental leave) the employee shall retain his job/position, with the exception of cases when the enterprise is dissolved. Parnetal leave
Labour Code §180

Results generated on: 18th April 2014 at 15:12:20.
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