Phase
The Leave (Paternity, Parental, Caring, Force Majeure) and Flexible Work Arrangements for Work-Life Balance Law of 2022
Native name
Ο περί Αδειών (Πατρότητας, Γονική, Φροντίδας, Ανωτέρας Βίας) και Ευέλικτων Ρυθμίσεων Εργασίας για την Ισορροπία μεταξύ Επαγγελματικής και Ιδιωτικής Ζωής Νόμος του 2022 (216(I)/2022)
Type
Working time flexibility
Added to database
20 October 2023

Article

Articles 3, 4, 5, 8, 9, 11, 15, 16, 17, 19, 20, 21, 23, 24 of the Leave (Paternity, Parental, Caring, Force Majeure) and Flexible Work Arrangements for Work-Life Balance Law of 2022.


Description

The Law aims to balance/reconcile professional and family life for working parents or carers, through the establishment of individual rights, based on the EU Directive 2019/1158 on Work- Life Balance. Specifically, the Law granted or expanded the rights to:

  • paternity leave, parental leave, carers' leave and absence from work for reasons of force majeure·

  • flexible working arrangements for working parents or carers.

According to article 8 of the Law, a working parent, who has completed six (6) months of continuous employment with the same employer, is entitled to receive parental leave. The maximum duration of parental leave is eighteen (18) weeks for each child, while in the case of a widowed parent or a single parent, either due to removal of parental care from the other parent or non-recognition of the child by him, the duration of parental leave extends to twenty-three (23) weeks (article 8(3) of the Law).

It is noted that the right to receive parental leave is an individual and non-transferable right for each parent, with the exception of the possibility of transferring nine (9) weeks from the remainder of one parent's leave to the remainder of the other parent's leave.


Commentary

Social partners identified numerous gaps and weaknesses regarding the law. A serious flaw they recognized is the fact that the law provides for five days of unpaid leave for care annually, and seven days of unpaid absence annually, for reasons of force majeure, connected with urgent family reasons. Also, the parental leave allowance does not cover the self-employed - the Ministry of Labor has pledged to resolve the issue by the first half of 2023, but no such development came to be up until the point of writing (October 2023). Another alleged flaw, again regarding the parental leave, is the law's provision allowing the employer to decide whether to approve or reject parental leave and whether to grant flexible working arrangements for care reasons.

It should also be noted that the law belatedly fulfilled the obligation of the Republic of Cyprus to harmonize with Directive 2019/1158, which should have happened by August 2022. Additionally, until June 2023 payments regarding parental leave could not be made because the government had not prepared a relevant mechanism in time, with the result that those who applied under the new legislation had to wait for the allowance.


Additional metadata

Cost covered by
National government
Involved actors other than national government
National government
Involvement (others)
None
Thresholds
Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Citation

Eurofound (2023), Cyprus: Working time flexibility, Restructuring legislation database, Dublin, https://apps.eurofound.europa.eu/legislationdb/working-time-flexibility/cyprus

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