What applies to maternity leave – It is extended from 6 to 9 months

From November 25, the application of the new favorable arrangements for the extension of the special maternity protection leave from 6 to 9 months began, period during which the Public Employment Service (DYPA) pays the working mother a monthly amount equal to the minimum wage, as well as a proportion of holiday gifts and leave allowance. Thus, for those employees who were already on 6-month subsidized leave as of 11/25/2022, the duration of the leave is extended up to 9 months.

This, among other things, is mentioned in a circular of the General Secretary of Labor Relations Anna Stratinaki which was issued yesterday providing clarifications for the implementation of the new regulations included in article 43 of Law 4997/2022 on the modernization of insurance legislation).

The circular also gives instructions for their first application in connection with the normal annual license granting period of 2022, in order to ensure the receipt of all licenses by the beneficiaries.

It is reminded that the special provision of maternity protection is also entitled to women who have children through the process of surrogacy, as well as employees who adopt, from the time the child joins the family and up to the age of 8. Also, the mother has the right to transfer up to seven months of said leave to the father, as long as the latter is employed full-time or part-time. The conditions, the procedure and all the details for the transfer as well as for the payment of the relevant benefits and the father’s insurance coverage from DYPA, will be regulated by a decision of the Minister of Labor and Social Affairs.

The circular clarifies, among other things, that:

1.Given that the extension of maternity leave is valid from 25 November, even the workers who on 25.11.2022 had the last day of the above-mentioned leave, are entitled to benefit from the new arrangement, according to the previous regime which provided for the six-month duration her.

2. The granting of the annual leave before the special provision of maternity protection, consecutively with the maternity leave or the leave to care for a child of the same duration, even if based on the annual deadlines there is no risk of being lost, is compatible with the provisions of the current legislation which aims have maternity protection and must in no case lead to a loss of the special maternity protection benefit from DYPA. Therefore, the competent Services of DYPA should accept the subsidy applications of the employees in such cases.

3. In relation to the first application of the license extension, from six to nine months, it is clarified that

a) In the event that the female employees have a balance of annual leave for the year 2022 which, by making use of this extension, cannot be granted on time before 31/03/2023 or in the event that their annual leave was already scheduled to be granted after six-month leave, then the annual leave should be inserted, immediately after the expiry of the six-month maternity protection leave as it was valid until now, and its three-month extension, in order not to lose any rights.

b) In the event that an employee who falls under the transitional provision of par. 2 of art. 83 of Law 4799/2022 and is entitled to benefit from the three-month extension, after the end of the six-month leave, she has returned to her work, due to a lack of information (hers, the employer’s or the competent Services’) however, subsequently, having received relevant information , wishes to make use of the relevant extension of the leave/allowance from DYPA, he will be able to make use of it, without hindrance from the competent Services or from the employer.

RES-EMP

Read the News today and get the latest news.
Follow Skai.gr on Google News and be the first to know all the news.