Pregnancy, maternity, and leave related to work-life balance for workers (Directive 92/85, relevant provisions of Directives 2006/54, 2010/18 and 2019/1158)

• Author: Pavlou, Vera
• Pages: 20-29

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5 Pregnancy, maternity, and leave related to work-life balance for workers

(Directive 92/85, relevant provisions of Direct ives 2006/54, 2010/18 and

2019/1158)19

5.1 General (legal) context

5.1.1 Surveys and reports on the practical difficulties linked to work -life balance

The equality body has reported that 25 % of the complaints received in between 2011 and

2016 concern ed discrimination at work, including d ismissal, due to pregnancy or

maternity. A forum on the protection of motherhood was organised in June 2018 with the

participation of various governmental bodies and trade unions to discuss issues concerning

sex discrimination at work related to pregnancy and motherhood. At the forum, the

Committee on Gender Equality in Employment and Vocational Training (Ministry of Labour)

reported that 50 % of the complaints received concerned unlawful dismissals against

pregnant workers. However, only two cases reached the courts, which indicates a tendency

to prefer extra-judicial proceedings. Both the equality body and the Committee on Gender

Equality at Work noted that complainants are not fully aware of their rights and of

employers’ obligations. Information campaigns were organised to rais e awareness.

5.1.2 Other issues

In Cyprus, th ere is a considerable lack of affordable childcare facilities for children up to

the age of six, when compulsory free primary education becomes available and most young

parents rely on unpaid childcare from their own parents. This creates obstacles for older

women to participate in the labour market and pushes younger women into part-time work

to meet care responsibilities.

5.1.3 Overview of national acts on work-life balance issues

Law 205(I)/2002 on equal treatment between men and women in employment and

vocational training.

Law 47(I)/2012 on parental leave and leave on force majeure gr ounds.

Law 100(I)/1997 on the protection of motherhood.

Law 117(I)/2017 on the protection of paternity.

5.1.4 Political and societal debate and pending legislative p roposals

There are no pending legislative proposals.

5.2 Pregnancy and maternity protection

5.2.1 Definition in national law

Law 100(I)/1997 on the p rotection of moth erhood does not define a pregnant worker, a

worker who has recently given birth or a worker wh o is breastfeeding. However, Law 100

(I)/1997 provides that an employee who presen ts a certificate by an authorised doctor

attesting her pr egnancy and expected delivery date has the righ t to maternity leave

(Article 3(1)).

19 See Masselot, A. (2018), Family leave: enforcement of the protection against dismissal and unfavourable

treatment European network of legal experts in gender equality and non-discrimination, available at

https://www.equalitylaw.eu/downloads/4808-family-leave-enforcement-of-the-protection-against-

dismissal-and-unfavourable-treatment-pdf-962-kb and McColgan, A. (2015), Measures to address the

challenges of work-life balance in the EU Member States, Iceland, Liechtenstein and Norway European

network of legal experts in gender equality and non-discrimination, available at

https://www.equalitylaw.eu/downloads/3631-reconciliation.