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Slovenia - Maternity protection - 2009


LAST UPDATE

13 July 2009

SOURCES


Name of Act

Employment Relationships Act,
Ur. l. RS, No. 42/2002, of 21 April 2002, as amended to Ur. l. RS, No. 103/2007.

Name of Act

Act on Equal Opportunities for Women and Men,
(Text No. 2837) dated 21 June 2002, Uradni List, 2002-07-05, No. 59, pp. 6104-6109.

Name of Act

Rules on requirements regarding the ensuring of safety and health of workers at the workplace,
dated 8 October 1999, Uradni list, 1999-11-04, No. 89, pp. 13473-13484.

Name of Act

Parental Protection and Family Benefits Act,
ZSDP, Official Gazette of the. Republic of Slovenia No 97/01), as amended up to the Act Amending the Parental Protection and Family Benefits Act – ZSDP-B (Official Gazette of the Republic of Slovenia No 47/06).

Other source used

MISSOC 2008, Mutual information system on social protection, European Commission, Comparative tables on social protection; situation July 2008.

MATERNITY LEAVE


Scope

Mothers have the right to maternity leave if they are insured persons under the Parental Protection and Family Benefits Act.
Parental Protection and Family Benefits Act §3, 14, 20, 21
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Qualifying conditions

If the mother gives birth to a child before she has informed the employer of the intended use of maternity leave, she shall inform the employer thereof within 3 days after the childbirth unless her medical condition prevents her doing so.
Parental Protection and Family Benefits Act §22

Duration


Compulsory leave

The mother must use at least 28 days of the maternity leave before giving birth.
Parental Protection and Family Benefits Act §19

General total duration

105 days
Maternity leave may begin up to 45 days prior to giving birth (based on a certificate issued by the appropriate medical authority).
Parental Protection and Family Benefits Act §17
Historical data (year indicates year of data collection)
  • 2011: 105 days Maternity leave may begin up to 45 days prior to giving birth (based on a certificate issued by the appropriate medical authority).
  • 2004: One hundred and five days
  • 1998: n.a.
  • 1994: n.a.

RELATED TYPES OF LEAVE


Parental leave


Scope

After the expiration of maternity leave, one of the parents insured under the Parental Protection and Family Benefits Act has the right to a leave for the purpose of nursing and caring for a child, to be agreed between the parents.
Parental Protection and Family Benefits Act §14, 26, 34
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Length

260 days immediately after the expiry of maternity leave (additional 90 days each in case of multiple births).
In case of premature birth, the leave is extended by as many days as the pregnancy was shorter than 260 days. Extensions are also foreseen for families with several children up to a specific age.
In general, both parents cannot take parental leave at the same time in the form of full absence from work.
Parental Protection and Family Benefits Act §26, 29, 31

Paternity leave


Scope

All employed fathers insured under the Parental Protection and Family Benefits Act.
Parental Protection and Family Benefits Act §14, 23

Length

90 days (non-transferable)
15 days of this period have to be taken until the child reaches six months of age. The 75 remaining days of paternity leave can be used until the child is 3 years old.
Parental Protection and Family Benefits Act §23, 25

Adoption leave


Scope

Adoptive parents insured under the Parental Protection and Family Benefits Act.
Parental Protection and Family Benefits Act §14, 35

Length

Total duration (for both parents together) of 150 days for a child aged from 1 to 4 and 120 days for a child aged from 4 to 10, to be started at the latest 30 days after the child is placed in the family for the purpose of adoption.
Parental Protection and Family Benefits Act §35

RIGHT TO PART-TIME WORK


General provisions

Parental and adoption leave can also be used as partial absence from work. One of the parents who nurses and cares for a child until the child`s third year of age shall have the right to part-time work.
Part-time work shall include at least a half of the normal obligation for weekly working hours.
Parental Protection and Family Benefits Act §30, 36, 48

Length

The time schedule for partial absence from work shall be agreed by the parents between themselves and the employers.
The insured person shall be entitled to parental benefits for the period of partial absence from work.
Parental Protection and Family Benefits Act §30

CASH BENEFITS


Maternity leave benefits


Scope

Persons who are entitled to maternity leave and who are insured under the Parental Protection and Family Benefits Act, as well as those persons who had been insured at least twelve months during the past three years prior to exercising the right to benefits are entitled to maternity leave benefits.
The maternity benefit can be granted to the child’s father, to another person caring for the child or to an adoptive parent if the mother has died, has left the child or is unable to live and work independently.
Parental Protection and Family Benefits Act §39, 40

Duration

The maternity benefit is paid during maternity leave (105 days).
Parental Protection and Family Benefits Act §43

Amount

100 per cent of the income basis.

The payment of parental benefits may not be higher than two and a half times the average monthly wage in the Republic of Slovenia determined on the grounds of the last official information on monthly wages, except in case of maternity benefit.
Parental Protection and Family Benefits Act §41, 43, 44
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Historical data (year indicates year of data collection)
  • 2011: 100 per cent of the income basis. The payment of parental benefits may not be higher than two and a half times the average monthly wage in the Republic of Slovenia determined on the grounds of the last official information on monthly wages, except in case of maternity benefit.
  • 2004: One hundred percent
  • 1998: n.a.
  • 1994: n.a.

Financing of benefits

Social security.
Parental Protection and Family Benefits Act §7
Historical data (year indicates year of data collection)
  • 2011: Social security.
  • 2004: Social security
  • 1998: n.a.
  • 1994: n.a.

Alternative provisions

Parental allowance is cash aid to parents which is provided when they are not entitled to parental benefits after the birth of a child. The right to parental allowance shall be granted for 365 day, including payment to the mother for 77 days after the birth of the child provided the mother and the child have permanent residence in the Republic of Slovenia and are citizens of the Republic of Slovenia. After 77 days have passed since the child’s birth the right to parental allowance shall be granted mutatis mutandis and under the same conditions to one of the parents, of which the parents agree in writing before asserting the right.
Parental allowance amounts to SIT 37.520 per month.
Parental Protection and Family Benefits Act §58, 59, 61

Parental leave benefits


Scope

The persons who are entitled to parental leave shall have the right to parental benefits. The beneficiaries of child care benefit must be covered by the Parental Leave Insurance and be insured prior to the first day of the leave, or have been insured for at least twelve motnhs during the past three years prior to exercising the right to parental benefits. Other person shall be entitled to parental allowance under the same conditions as the parents when he or she actually nurses and cares for the child, whereby the right is reduced by the number of days the parents have already used that right.
Parental Protection and Family Benefits Act §6, 39, 40, 59

Duration

Parental leave is paid for the whole duration (normally 260 days).
Parental Protection and Family Benefits Act §43

Amount

100 per cent of the income basis, amounting to at least 55 per cent of the minimum salary and 250 per cent of the national average wage.
Parental Protection and Family Benefits Act §41, 44
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Financing of benefits

Social security.
Parental Protection and Family Benefits Act §7

Paternity leave benefits


Scope

The persons who are entitled to parental leave shall have the right to paternity benefits. The beneficiaries of child care benefit must be covered by the Parental Leave Insurance and be insured prior to the first day of the leave. Or have been insured for at least twelve months during the past three years prior to exercising the right to paternity benefits.
Parental Protection and Family Benefits Act §6, 39, 40

Duration

For the period of paternity leave (90 days).
Parental Protection and Family Benefits Act §40

Amount

During 15 days of leave, the father receives 100 per cent of the income basis (amounting to at least 55 per cent of the minimum salary and 250 per cent of the national average wage). For the remaining 75 days the state pays social security contributions for the father.
Parental Protection and Family Benefits Act §40, 41, 44
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Financing of benefits

Social security (for 15 days)
State (remaining period; only limited benefits)
Parental Protection and Family Benefits Act §7

Adoption leave benefits


Scope

The persons who are entitled to adoption leave shall have the right to parental benefits. The beneficiaries must be covered by the Parental Leave Insurance and be insured prior to the first day of the leave. or who have been insured for at least twelve months during the past three years prior to exercising the right to adoption benefits.
Parental Protection and Family Benefits Act §6, 39, 40

Duration

150 days (for a child aged from 1 to 4) or 120 days (for a child aged from 4 to 10).
Parental Protection and Family Benefits Act §35, 40

Amount

100 per cent of the income basis, amounting to at least 55 per cent of the minimum salary and at most 250 per cent of the national average wage.
Parental Protection and Family Benefits Act §41, 44
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Financing of benefits

Social security.
Parental Protection and Family Benefits Act §7

MEDICAL BENEFITS


Pre-natal, childbirth and post-natal care

Specific provisions for maternity: medical checks and ultrasound examinations during pregnancy, hospitalisation and health care services in connection with confinement during the hospitalisation, home care for the mother and the child (two visits of the nurse).
MISSOC 2008

Financing of benefits

Compulsory social insurance scheme. There is no patient contribution for health care during pregnancy and child birth (normally patients make co-payments of between 5 and 75 per cent).
MISSOC 2008

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

A woman worker, who breastfeeds a child and works full-time, shall have the right to a breastfeeding break during the working time of at least one hour a day.
Employment Relationships Act §193(1)

Remuneration of nursing breaks

The right to wage compensation for the duration of the breastfeeding break shall be exercised in accordance with the regulations on parental leave.
Employment Relationships Act §193(2)

Nursing facilities

The employer shall ensure suitable rooms with beds for pregnant and nursing mothers to rest. Pregnant and nursing mothers must also be able to lie down in rooms with beds if so required for medical reasons.
Rules on requirements regarding the ensuring of safety and health of workers §75

HEALTH PROTECTION


Arrangement of working time


Night work

A woman worker may not carry out night work during pregnancy and another year after she has given birth and/or throughout the breastfeeding period, if the risk assessment of such work indicates risk to her and her child’s health.
A worker, who takes care of a child under the age of three, may only be ordered to work at night upon his/her written consent.
Employment Relationships Act §149, 153 and 190
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Overtime

A female worker may not carry out overtime work during pregnancy and another year after she has given birth and/or throughout the breastfeeding period, if the risk assessment of such work indicates risk to her and her child’s health.
A worker, who takes care of a child under the age of three, may only be ordered to work overtime upon his/her written consent.
One of the employed parents of a child under seven or a child who is severely ill or of a severely physically or mentally disabled child living alone with a child and caring for the child may be asked to work overtime only upon his/her prior written consent.
Employment Relationships Act §190

Dangerous or unhealthy work


General

During pregnancy and the entire breastfeeding period, a female worker may not carry out work which might present a risk to her or her child’s health due to the exposure to risk factors and working conditions.
Employment Relationships Act §189(1)

Risk assessment


» Adaptation of conditions of work

Should a female worker during pregnancy and throughout the breastfeeding
period carry out work, where she is exposed to risk factors, procedures and working conditions, the employer must take appropriate measures in order to temporarily adjust the working conditions or the working time if the risk assessment indicates the risk to her and her child’s health.
Employment Relationships Act §189(2)

» Transfer to another post

Should a female worker carry out work which might present a risk to her or her child’s health due to the exposure to risk factors, procedures and working conditions, and the temporary adjustment of the working conditions or of the working time does not remove the risk to the worker’s or her child’s health, the employer must ensure the worker other appropriate work and a wage equivalent to her previous position if this is more favourable to her.
Employment Relationships Act §189(3)

» Paid/unpaid leave

If the employer cannot ensure the worker other appropriate work (temporary transfer), the employer must ensure her wage compensation in the amount of her average monthly wage during the past three months or during the period she worked during the past three months but not less than the amount of the minimum wage.
Employment Relationships Act §189(4) and 137(7)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Any direct as well as indirect discrimination due to (inter alia) sex is prohibited.
An employer may not treat unequally a job seeker in gaining employment or a worker during the employment relationship and in relation to the termination of an employment contract on the basis of (inter alia) sex, family status or other personal circumstances.
Women and men must be provided equal opportunities and equal treatment in access to employment, promotion, training, education, retraining, wages and other income arising from the employment relationship, absences from work, working conditions, working hours and notice of termination of the employment contract. The employer may not subject the conclusion of an employment contract to the condition of providing information on the family and/or marital status, pregnancy, family planning, or to additional conditions related to the prohibition of pregnancy or postponement of maternity. The employer may not publicly advertise a vacancy only for women or only for men, nor may an advertisement indicate that in recruiting one of the sexes would be given priority by the employer, unless one of these sexes is the essential condition for carrying out work.
Employment Relationships Act §6(1)-(3), 25, 26(2)-(3),133(1)
Act on Equal Opportunities for Women and Men §1(2), 4

Prohibition of pregnancy testing

For the time of duration of the employment relationship, the employer may not request or seek any information on worker’s pregnancy unless the worker concerned allows this in order to exercise her rights during pregnancy. Additionally, in concluding the employment contract, the employer may not demand the applicant to provide information on the family and/or marital status, pregnancy, family planning nor on other information, unless it is directly related to the employment relationship.
Employment Relationships Act §26(2), 188

Protection from discriminatory dismissal

The employer may not terminate the employment contract of a woman worker during the period of pregnancy and all the time she is breastfeeding, nor may the employer terminate the employment contract of parents in the period when they are on parental leave in the form of full absence from work. During these periods the employment relationship of workers may not even be terminated by the employer’s cessation.
If, when declaring the cessation, the employer is not aware of the pregnancy of the worker, a special legal remedy against the termination shall apply if the worker immediately or, in the case of obstacles which are not due to her fault, immediately after the cessation of these obstacles, informs the employer about her pregnancy, proven by the submission of a medical certificate. However, the employer may terminate the employment contract after a preliminary consent by the labour inspector, if there are reasons for extraordinary termination (for example if the worker violates any obligation arising from the employment relationship and the violation has characteristics of a criminal offence, or if the worker intentionally or by gross negligence violates any obligation arising from the employment relationship) or due to the introduction of the procedure for the cessation of the employer.
Employment Relationships Act §111 and 115

Burden of proof

In case of a dispute regarding the exercise of special protection due to pregnancy and parenthood according to the Employment Relationships Act, the burden of proof shall be on the employer.
Employment Relationships Act §187(2)

Results generated on: 22nd November 2014 at 02:49:25.
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