Maternity leave: Increases from 6 to 9 months for mothers insured in the EFKA – Extension of the adoption benefit

With the draft law “Rationalization of insurance and pension legislation, strengthening of vulnerable social groups and other provisions” and in accordance with articles 44 and 45 thereof, the duration of the special maternity protection leave is increased from six (6) to nine (9) months, for mothers insured in the e-E.F.K.A. (t. I.K.A.-E.T.A.M.), who work with a fixed- or indefinite-term employment relationship in businesses or holdings of the private sector, as specifically defined and the mother is granted the right to transfer up to seven (7) months, from the special maternity protection leave, to the father under the specified conditions.

EXPLANATORY STATEMENT

Article 44 With the proposed provision, its period is increased special maternity leave from six (6) to nine (9) months for mothers insured in e-E.F.K.A. (t. I.K.A.-E.T.A.M.), who work as employees in a fixed- or indefinite-term employment relationship. This regulation aims to extend the maternity protection for women employed in the private sector, in proportion to the special parenting leave that mothers working in the public sector are entitled to.

Furthermore, definitions are set as to the terms “employee who adopts a child” and “integration of the child into the family” to remove any doubt as to the content of these terms. In this way, its implementation will become possible granting the special maternity protection benefit to the employee who adopts a childeven before the finality of the adoption decision, with the physical integration of the child into the family.

Article 45 With the proposed provision, definitions are set regarding the concepts “employee who adopts a child” and “integration of the child into the family” in order to remove any doubt as to the content of these concepts. In this way, it will be possible to grant maternity allowance to the employee who adopts a child, even before the finality of the adoption decision, with the child’s natural integration into the family.

PROPOSED PROVISIONS

Article 44
Extension of special maternity protection provision – Amendment of Article 142 of Law 3655/2008

In article 142 of Law 3655/2008 (A’ 58), on the special provision of maternity protection, the following amendments are made: a) the first paragraph is amended in terms of the duration of the special maternity protection leave b) a tenth paragraph is added, c) the only paragraph is numbered in paragraph 1, d) paragraph 2 is added, and article 142 is formulated as follows:

“Article 142
Special maternity protection provision
1. The mother who is insured by the IKA – ETAM, and works with a fixed- or indefinite-term employment relationship in businesses or holdings, after the end of the maternity leave and the leave of the same length as the reduced hours, as provided by article 9 of the EGSSE of years 2004 – 2005, is entitled to receive a special maternity protection leave of nine (9) months.

If she does not use the leave provided for by the above-mentioned EGSSE of the same age as the reduced hours, the mother is entitled immediately after the end of the maternity leave to the above-mentioned special maternity protection leave, and then also to the reduced hours provided for in article 9 of the EGSSE of the year 1993, as amended and in force.

During the above special leave, the OAED is obliged to pay the working mother a monthly amount equal to the minimum wage, as each time determined based on the EGSSE, as well as a proportion of holiday gifts and leave allowance based on the aforementioned amount. In the case of employment up to 4 hours a day or up to 13 days a month, during the semester preceding the pregnancy leave, the amount paid by the OAED is equal to half of the amount specified above. The time of the special maternity protection leave is counted as Insurance Time in the main pension and sickness branches of IKA-ETAM, as well as in the relevant auxiliary insurance bodies, and the prescribed contributions are calculated on the case-by-case mentioned above amount, from which the OAED withholds the prescribed insured contribution and pays it to the competent bodies together with the prescribed employer contribution borne by the OAED. The Insurance Period, which has elapsed since the entry into force of the provisions of the article, is considered to be an Insurance Period in the Sickness Branch in kind and in money of IKA-ETAM.
During the special maternity protection leave, the provisions of article 1 of Law 3227/2004 (Government Gazette 31 A’) and 30874/23.4.2004 (Government Gazette 1023 B’) joint decision of the Ministers of Interior, Public Administration apply and Decentralization, Economy and Finance and Employment and Social Protection.
By decision of the Minister of Labor and Social Affairs, the procedure, manner and other conditions of application of the provisions of this article are regulated, as well as every necessary detail.

The special provision of maternity protection, in accordance with this, is also entitled to the presumptive mother of article 1464 of the Civil Code, who acquires a child through the process of surrogacy, and the employee, who adopts a child from the time the child joins the family and until the age of eight (8) years. For the implementation of the previous paragraph:
a) “employee who adopts a child” means a working woman, who is registered in the National Register of Prospective Adoptive Parents and, following a decision of the competent social service, receives, for care and upbringing for the purpose of adoption, a child from her social service as the case may be Child Protection and Care Unit or other body that has the child under its protection or by the natural parent or parents of the child even before the adoption court decision is issued, and b) “integration of the child into the family” means:
ba) the date of physical handover, for care and upbringing with a view to adoption, of the child to the “employee who adopts a child” by the Child Protection and Care Unit as the case may be or by any other body that has the child under its protection, as evidenced by relevant document from the competent social service, or from the natural parent or parents of the child even before the adoption court decision is issued, as evidenced by a notarized document signed by the “employee who adopts a child” with the natural parent or parents of the child, or
bb) the date on which the court decision recognizing a foreign adoption decision by the employee who adopts a child becomes final.
2. The mother is entitled to transfer up to seven (7) months of the special maternity protection leave of par. 1 to the father, if he works as a dependent laborer for a fixed or indefinite period of time in businesses or holdings full or part-time. For as long as the father receives the leave that the mother has transferred to him, he is entitled to the benefits and consequences in terms of the insurance coverage of par. 1. The conditions and the procedure for the transfer of the special leave are regulated by a decision of the Minister of Labor and Social Affairs maternity leave in accordance with the first paragraph, as well as every necessary detail for the implementation of this.

Article 45
Extension of maternity leave to adoption – Amendment of paragraph 2 of article 44 of Law 4488/2017

At the end of paragraph 2 of article 44 of Law 4488/2017 (A’ 137), on surrogacy, the second and third paragraphs are added and paragraph 2 is formulated as follows: “2. The presumed mother of article 1464 of the Civil Code, who acquires a child through the process of surrogacy, as well as the employee who adopts a child from the time the child joins the family and up to the age of eight (8), are entitled to the postnatal part of her maternity leave, defined in article 7 of the National General Collective Labor Agreement 1993 and article 7 of the National General Collective Labor Agreement 2000, ratified by article 11 of Law 2874/2000 (A’ 286), as well as all kinds salaries and allowances linked to it, as long as they meet the conditions set out in the individual statutory provisions of their insurance body. For the implementation of this:
a) “employee who adopts a child” means a working woman, who is registered in the National Register of Prospective Adoptive Parents and, following a decision of the competent social service, receives, for care and upbringing for the purpose of adoption, a child from her social service as the case may be Child Protection and Care Unit or other body that has the child under its protection or by the natural parent or parents of the child even before the adoption court decision is issued, and b) “integration of the child into the family” means:
ba) the date of physical handover, for care and upbringing with a view to adoption, of the child to the “employee who adopts a child” by the Child Protection and Care Unit as the case may be or by any other body that has the child under its protection, as evidenced by relevant document from the competent social service, or from the natural parent or parents of the child even before the adoption court decision is issued, as evidenced by a notarized document signed by the “employee who adopts a child” with the natural parent or parents of the child, or
bb) the date on which the court decision recognizing a foreign adoption decision by the employee who adopts a child becomes final.
The deadline for submitting a request for the grant of the postnatal part of the maternity allowance (midwifery allowance) starts from the integration of the child into the family.”

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