With effect from 7 September 2019, the list of individuals entitled to take maternity or parental leave has been extended.
Aside from parents (adoptive or foster parents), employees who are immediate family members, such as a grandmother, grandfather, sister or brother, are entitled to benefit from such leave. Note, however, that immediate family members may only take leave only in specific situations. This includes, inter alia, where the mother’s maternity leave is disrupted by the mother being in hospital and, due to her health condition, being unable to take care of the child personally. In such cases, the leave may be granted to an immediate family member on request.
All employees who benefit from this type of leave, including immediate family members, enjoy special rights related to the leave.
In particular, such employees:
· are subject to special protection against termination or expiry of their employment relationship during the period of such leave,
· may request that annual leave be granted directly after end of the maternity leave,
· may claim: (i) compensation, (ii) recognition of any termination as ineffective, or (iii) reinstatement, in the cases where a definite term employment contract is terminated during a period of leave contrary to the legal provisions.