Serbia - Maternity protection - 2011

July 2012

NORMAL

Law on the prohibition of discrimination, 26 March 2009

Labor Law (Official Gazette of the Republic of Serbia no. 24/05, 61/05, 54/09)

Serbia, Social Security Programs Throughout the World: Europe, 2008, ISSA

Social Security Programs Throughout the World: Europe, 2010, Serbia

Employed women

An employed woman is entitled to leave for pregnancy and childbirth, as well as leave for child care, the total duration of 365days.

She may start her maternity leave pursuant to advice of a competent medical authority 45 days before the delivery term at the earliest and 28 days at the latest.

Maternity leave shall last until three months after the childbirth.

An employed woman, upon expiry of maternity leave, is entitled to leave for childcare to expiry of 365 days after the outset of the maternity leave.

An employed woman is entitled to maternity leave and leave for childcare for third and any subsequent child in the duration of two years.
The right to maternity leave and absence from work for childcare in the total duration of two years shall also be granted to any employed woman who gives birth to three or more children from her first pregnancy, as well as to any employed woman who give birth to one, two or three children, and gives birth to two or more children in the subsequent delivery.

Any employee shall be entitled to absence from work with compensation of salary (paid leave) in the total duration of seven business days in the course of one calendar year in case of marriage, wife giving birth to a child, serious illness of a member of immediate family and other instances set in the general document and labor contract.

Maternity benefit: 100% of earnings are paid for at least 6 months of continuous coverage; 60% for more than 3 but less than 6 months; 30% for less than 3 months. The benefit is paid monthly.

Earnings in the last 12 months before the maternity leave period began are used to calculate benefits, up to 5 times the national monthly average wage.

The national monthly average wage is 46,457 dinars (March 2010).

The minimum benefit is the monthly minimum wage.

For a self-employed person, the benefit is the average covered income in the last 3 months.

The leave period for the first and second child begins 28 days before the expected date of childbirth and is paid for 365 days. The leave period for the third and each successive child is paid for 2 years.

Maternity grant: The amount of the grant is determined by the Republic Health Insurance Fund.

Social security

All women during pregnancy and for up to 12 months after giving birth

Employer may re-shcedule working hours to an employed woman or employed parent with a child below 3 years of age or severely disabled child only with written consent of such employee.

An employed woman during pregnancy shall not work at jobs that, pursuant to advice of the competent health authority, may have harmful effect on her health and health of her child, and particularly not at jobs requiring lifting of weights or associated with exposure to extreme temperatures and vibrations.

Both direct and indirect discriminations are prohibited against persons seeking employment and employees in respect to their sex, origin, language, race, color of skin, age, pregnancy, health status or disability, nationality, religion, marital status, familial commitments, sexual orientation, political or other belief, social background, financial status, membership in political organizations, trade unions or any other personal quality.

Discrimination shall be prohibited in relation to:
1) Employment conditions and selection of candidates for a certain job;
2) working conditions and all rights resulting from the labor relationship;
3) education, training and advanced training;
4) promotion at work;
5) termination of the labor contract.

Employer shall not condition the employment by a pregnancy test unless the job is associated with significant risk for health of woman and her child as substantiated by the competent health care body.

Employer shall not terminate the labor contract to an employee during
pregnancy, maternity leave, absence for childcare or special care of the child.

If the court establishes that a direct act of discrimination has been committed, or if that fact is undisputed by the parties to the lawsuit, the defendant may not be relieved of responsibility by supplying evidence that he/she is not guilty.

If the plaintiff proves the likelihood of the defendant’s having committed an act of discrimination, the burden of providing evidence that no violation of the principle of equality or the principle of equal rights and obligations has occurred shall fall on the defendant.