Introduction
The Republic of Cyprus, aiming to promote the institution of the family and to advance gender equality in the workplace, whether in the private or public sector, has incorporated the following regulations into Cypriot legislation, through which, among other things, seeks to protect pregnancy and maternity in employment.
Women's legal rights
The primary legislative regulation concerning pregnancy, maternity, and generally the period associated with the pregnancy of a working/paid woman, is outlined in the Maternity Protection Law of 1997 (Law No. 100(I)/1997), the Law on Equal Treatment of Men and Women in Employment and Vocational Training of 2002 (Law No. 205(I)/2002), the Law on Leaves (Paternity, Parental, Care, Higher Violence) and Flexible Working Arrangements for Balancing Professional and Private Life of 2022 (Law No. 216(I)/2022), along with their relevant amendments, and in the Maternity Regulations (Safety and Health at Work) of 2002 (C.D.P. 255/2022) and their amending regulations of 2015 (C.D.P. 42/2015).
These aforementioned regulations collectively ensure various aspects of the rights of the working woman, specifically the pregnant, lying-in, and breastfeeding mother. These situations are taken into account under the fact that they arise from a biological condition exclusive to women. Furthermore, the aforementioned regulations also address the rights of a woman intending to adopt a child, referred to as the adoptive mother by law.
Specifically, the Maternity Protection Law of 1997 (Law No. 100(I)/1997), as amended in 2021 and with the very recent amendment on March 1, 2024, contains significant provisions regarding maternity and the protection of pregnant employees/workers. Below are the most important points of the aforementioned legislation:
- Employment and maternity leave:
- It regulates the prohibition of dismissing a pregnant employee from the beginning of pregnancy until 5 months after the completion of maternity.
- It provides for maternity leave of now 22 weeks instead of 18 weeks as provided by the previous amendment, with the first 11 weeks being mandatory and including two weeks before the expected delivery week. Additionally, the 2021 amendment extended it to 22 weeks for the second childbirth and 26 weeks for the third and each subsequent childbirth. With the 2024 amendment, the duration of maternity leave for the second, third, and each subsequent childbirth remains unchanged.
- Protection of breastfeeding and absence for care:
- The right of the employee to be absent with pay for one hour per day for breastfeeding and/or increased childcare is provided for a period of 9 months after childbirth or after the commencement of maternity leave in the case of adoption.
- Protection from dismissal:
- The employer is prohibited from taking any action of dismissal or warning of termination of employment due to the employee's pregnancy for a period starting from the beginning of pregnancy up to 5 months after the end of maternity leave.
The law also ensures the rights of pregnant and adoptive mothers upon their return to work. Overall, it offers significant protection and support during a sensitive phase of a woman's life.
Dismissal during pregnancy and maternity
The exceptions defined by the law regarding the dismissal of a pregnant employee ensure that there are discriminations based on specific reasons and not due to the woman's pregnancy. It is important to note that pregnancy should not be used as a reason for adverse treatment in the workplace. On the contrary, the legislation seeks to protect the rights of pregnant employees and prevent any discrimination.
Pregnancy is a biological condition and should not negatively affect women's rights in the workplace. Any discrimination or adverse treatment due to pregnancy, childbirth, breastfeeding, or maternity will be considered a violation of the rights of the female employee and may be subject to legal action. In such cases, the employee whose rights are overridden and subjected to adverse discrimination can appeal to the Cypriot Courts to claim compensation from their employer.
Therefore, legislation that includes exceptions for the dismissal of employees ensures that dismissals are based on justified grounds and not due to pregnancy or related circumstances.
Additionally, the legislation on Equal Treatment of Men and Women in Employment and Vocational Training (Law No. 205(I)/2002) plays a significant role in protecting women workers, especially during pregnancy and maternity. Generally, it prohibits gender-based discrimination, and any discrimination related to pregnancy, childbirth, breastfeeding, or maternity is considered illegal.
In the case of the dismissal of a pregnant employee, the Court considers many factors in calculating compensation for the inconvenience and damage the employee will suffer due to the dismissal. These factors include the period of her employment, her salary, as well as the stage of her pregnancy at the time of dismissal. Additionally, the wages she will lose before exercising her right to maternity leave are taken into account.
In this way, the law ensures that pregnant employees do not suffer discrimination or adverse treatment due to their pregnancy and maternity, providing them with the necessary legal means for protection and compensation in case of unlawful dismissal.
Conclusion and epilogue
Therefore, the conclusion of this legislative protection is the affirmation of the principle of equal treatment of men and women in the workplace. The legislation safeguards the rights of workers, especially women, during pregnancy, childbirth, breastfeeding, and maternity, ensuring that they do not suffer discrimination or injustices due to these natural biological conditions.
Through the aforementioned legislative regulation, the rights of pregnant female employees are protected from employment to their return to work after maternity. At the same time, the legislation imposes on employers the obligation to respect these rights and refrain from dismissal or discrimination due to pregnancy or related circumstances.
In this way, the law seeks to ensure justice and equality in the workplace, promoting an environment where women can work with freedom and dignity, without the fear of discrimination due to the nature of their female biology. Cypriot Courts act as guardians of the law and examine cases of discrimination due to pregnancy and maternity with due sensitivity.
The above information is for informational purposes only. Our law firm handles labour law cases and is able to represent clients in all Districts of the Republic of Cyprus. Additionally, our office provides legal advice in various legal areas and legal representation in cases before all levels of Cypriot Courts.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
