Guide on Parental Leave and Leave on Grounds of Force Majeure
Objective of the Law
The Parental Leave and Leave on Grounds of Force Majeure Principal Law came into force on 1 January 2003 and regulates the right of every employed parent to unpaid leave, for the purpose of taking care and participating in the raising of a child. The Law also regulates the right of any employee to unpaid leave on grounds of force majeure by reason of a family emergency. An amendment Law was put into force on 25 July 2007. More favourable conditions, than the ones provided by the Law, are applicable in the case of a collective agreement, or an agreement between the employer and the employee. In this Guide, the Law refers to the Principal as well as the Amendment Law.
PART I: PARENTAL LEAVE
Who is covered
The Law applies to all employees, both men and women, who have completed a continuous period of employment of at least six months with the same employer.
Employee rights regarding parental leave
Time conditions for exercising the right to parental leave
Notification to the employer
The employee is obliged to notify his/her employer in writing of the commencement and termination dates of the parental leave, at least five weeks before the parental leave commences.
Refusal of the granting of parental leave
The employer has the right to refuse the granting of parental leave if he/she has reasonable cause to believe that the employee is not entitled to such leave. However, before refusing, he/she should:
The employer is obliged to take into consideration the reasons which, in the employee’s opinion, make him/her eligible to parental leave, before deciding on the granting of such leave. In the case of refusal, the employer has to specify the reasons of his/her decision.
Postponing the granting of parental leave
The employer, following consultation with the employee, is allowed to postpone the granting of parental leave for justifiable reasons related to the operation of the undertaking. Such examples include cases where:
Furthermore, within two weeks of the submission of the employee’s application for parental leave, the employer has to inform the employee, in writing, of the reasons for postponing the leave. The postponement may not exceed a period of six months, from the date that the postponement is notified to the employee.
Termination of parental leave and notification of the termination
An employer may terminate the parental leave if he/she has reasonable grounds to believe that it is being used for a purpose other than that of taking care of and participating in the raising of a child. The employer, before terminating the parental leave, has to inform the employee concerned, in writing, of his intention to do so, and request that the employee presents his/her arguments on the need of taking such leave, within seven days. The employer has to take into consideration the arguments of the employee before deciding whether or not to terminate the parental leave.
In the case that the employer eventually decides to terminate the parental leave he/she should notify the employee, in writing, accordingly. Such notification should include the reasons for and the date of termination. The termination date of the parental leave should be at least seven days after the date of the notification, and on this date the employee should return to work. The period that follows the employee’s return to work should not be considered as parental leave.
Rights and obligations of employees after the termination of the parental leave
Notification to the Director of the Social Insurance Department
An employee who has taken any period of parental leave should, within three months of the expiration of such period, notify the Director of the Social Insurance Department, by completing the relevant form (available in all District Labour and Social Insurance Offices). Where an employee proves that he/she had a reasonable cause for not notifying the Director, within the period mentioned above, that period can be extended by a decision of the Director for as long as that reasonable cause stands, but such extension cannot exceed a period of twelve months.
PART II: LEAVE ON GROUNDS OF FORCE MAJEURE
Any employee is entitled to unpaid leave of up to seven days each year, on grounds of force majeure for urgent family reasons in cases of sickness of or accident to any dependant of the employee (child, husband, wife, parent, brother, sister, grandfather, grandmother), making the immediate presence of the employee indispensable.
Conditions of granting the leave
Such leave may be granted as a single period of leave or in separate periods. In cases of a husband and wife, each of them is individually entitled to such leave.
Obligation of the employee
Any employee, who takes or intends to make use of the leave on grounds of force majeure, should notify his employer accordingly the soonest possible.
PART III: GENERAL PROVISIONS
More favourable terms
More favourable terms, than the ones provided for by this Law, may apply under any collective agreement or agreement between the employer and the employee.
Forbidding the termination or discontinuity of employment
Applying for, or exercising the right, to parental leave or leave on grounds of force majeure, does not provide a reason for terminating an employee’s employment and does not give rise to any interruption in the continuity of his/her employment. More specifically, an employer cannot terminate an employee’s employment, or give notice of termination, during the period commencing on the date of application for parental leave and ending upon the expiration of the leave. Moreover, an employer cannot give notice of termination of employment that expires during the above mentioned period, or notice of termination during absence on grounds of force majeure.
Penalties
An employer, who contravenes any of the provisions of this Law, is guilty of an offence and will be liable, upon conviction, to a fine not exceeding the amount of €3.417.
Competent Court
The Labour Disputes Court has jurisdiction to decide on any dispute of civil nature arising from the provisions of this Law.
The Parental Leave and Leave on Grounds of Force Majeure Principal Law came into force on 1 January 2003 and regulates the right of every employed parent to unpaid leave, for the purpose of taking care and participating in the raising of a child. The Law also regulates the right of any employee to unpaid leave on grounds of force majeure by reason of a family emergency. An amendment Law was put into force on 25 July 2007. More favourable conditions, than the ones provided by the Law, are applicable in the case of a collective agreement, or an agreement between the employer and the employee. In this Guide, the Law refers to the Principal as well as the Amendment Law.
PART I: PARENTAL LEAVE
Who is covered
The Law applies to all employees, both men and women, who have completed a continuous period of employment of at least six months with the same employer.
Employee rights regarding parental leave
- Any employed parent, man or woman, is entitled to take unpaid parental leave of a total duration of up to thirteen weeks, by reason of the birth or adoption of a child, for the purpose of taking care of and participating in the raising of a child.
- This right is individual and non-transferable.
- An employee may take parental leave for a minimum period of one week and a maximum period of four weeks, per year.
- Where a parent has more than one child, the parent’s right to parental leave is independent for each child, provided that at least one year of employment with the same employer has elapsed since the expiration of parental leave previously taken in respect of another child.
- In the case that more than one child is born on the same day, the entitlement to parental leave will be a total of thirteen weeks for each single child.
- In the case that both parents are employed by the same employer, they will decide between themselves who will take parental leave, on any particular occasion, and for how long.
Time conditions for exercising the right to parental leave
- In the case of natural parents, the parental leave is taken after the expiration of the maternity leave and before the child reaches the age of six.
- In case of adoption, the parental leave is taken after the expiration of the maternity leave and within a period of six years, commencing on the date of the adoption, given that the child will not be over twelve years old.
Notification to the employer
The employee is obliged to notify his/her employer in writing of the commencement and termination dates of the parental leave, at least five weeks before the parental leave commences.
Refusal of the granting of parental leave
The employer has the right to refuse the granting of parental leave if he/she has reasonable cause to believe that the employee is not entitled to such leave. However, before refusing, he/she should:
- inform the employee of his/her intention to refuse the granting of parental leave and
- request that the employee presents the reasons which, in his/her opinion, make him/her eligible to parental leave, within seven days.
The employer is obliged to take into consideration the reasons which, in the employee’s opinion, make him/her eligible to parental leave, before deciding on the granting of such leave. In the case of refusal, the employer has to specify the reasons of his/her decision.
Postponing the granting of parental leave
The employer, following consultation with the employee, is allowed to postpone the granting of parental leave for justifiable reasons related to the operation of the undertaking. Such examples include cases where:
- work is of a seasonal nature
- a replacement of the employee cannot be found within the notice period
- a significant proportion of the workforce applies for parental leave at the same time
- specific responsibilities of the employee are of strategic importance to the undertaking.
Furthermore, within two weeks of the submission of the employee’s application for parental leave, the employer has to inform the employee, in writing, of the reasons for postponing the leave. The postponement may not exceed a period of six months, from the date that the postponement is notified to the employee.
Termination of parental leave and notification of the termination
An employer may terminate the parental leave if he/she has reasonable grounds to believe that it is being used for a purpose other than that of taking care of and participating in the raising of a child. The employer, before terminating the parental leave, has to inform the employee concerned, in writing, of his intention to do so, and request that the employee presents his/her arguments on the need of taking such leave, within seven days. The employer has to take into consideration the arguments of the employee before deciding whether or not to terminate the parental leave.
In the case that the employer eventually decides to terminate the parental leave he/she should notify the employee, in writing, accordingly. Such notification should include the reasons for and the date of termination. The termination date of the parental leave should be at least seven days after the date of the notification, and on this date the employee should return to work. The period that follows the employee’s return to work should not be considered as parental leave.
Rights and obligations of employees after the termination of the parental leave
- The employee has the right to return to the same job or, to an equivalent or similar job, which is not inferior to the position held before taking parental leave.
- Rights acquired or in the process of being acquired by the employee on the date, on which parental leave starts, will be maintained as they stand until the end of parental leave. At the end of parental leave, these rights, including any changes arising from national law, collective agreements or practice, will apply.
- During the absence of the employee from his work, he/she will be credited with the insurable earnings provided for by the Social Insurance Laws of 1980 to (No.4) 2001.
- The period of absence of the employee from work is considered to be a period of employment, for the purpose of determining his/her entitlement to annual leave with pay.
- The period of absence of the employee from work is considered to be a period of employment, for the purpose of the Termination of Employment Laws of 1967 to (No.2) 2001.
Notification to the Director of the Social Insurance Department
An employee who has taken any period of parental leave should, within three months of the expiration of such period, notify the Director of the Social Insurance Department, by completing the relevant form (available in all District Labour and Social Insurance Offices). Where an employee proves that he/she had a reasonable cause for not notifying the Director, within the period mentioned above, that period can be extended by a decision of the Director for as long as that reasonable cause stands, but such extension cannot exceed a period of twelve months.
PART II: LEAVE ON GROUNDS OF FORCE MAJEURE
Any employee is entitled to unpaid leave of up to seven days each year, on grounds of force majeure for urgent family reasons in cases of sickness of or accident to any dependant of the employee (child, husband, wife, parent, brother, sister, grandfather, grandmother), making the immediate presence of the employee indispensable.
Conditions of granting the leave
Such leave may be granted as a single period of leave or in separate periods. In cases of a husband and wife, each of them is individually entitled to such leave.
Obligation of the employee
Any employee, who takes or intends to make use of the leave on grounds of force majeure, should notify his employer accordingly the soonest possible.
PART III: GENERAL PROVISIONS
More favourable terms
More favourable terms, than the ones provided for by this Law, may apply under any collective agreement or agreement between the employer and the employee.
Forbidding the termination or discontinuity of employment
Applying for, or exercising the right, to parental leave or leave on grounds of force majeure, does not provide a reason for terminating an employee’s employment and does not give rise to any interruption in the continuity of his/her employment. More specifically, an employer cannot terminate an employee’s employment, or give notice of termination, during the period commencing on the date of application for parental leave and ending upon the expiration of the leave. Moreover, an employer cannot give notice of termination of employment that expires during the above mentioned period, or notice of termination during absence on grounds of force majeure.
Penalties
An employer, who contravenes any of the provisions of this Law, is guilty of an offence and will be liable, upon conviction, to a fine not exceeding the amount of €3.417.
Competent Court
The Labour Disputes Court has jurisdiction to decide on any dispute of civil nature arising from the provisions of this Law.