Entitlement and Duration of Maternity Leave under Cypriot Law

Maternity protection is a cornerstone of employment law in Cyprus, safeguarding both the health of the mother and the security of her employment. Employers and HR managers must be fully aware of the statutory framework regulating maternity leave in order to ensure compliance and to avoid significant legal and reputational risks. The principal legislation is the Protection of Maternity Law of 1997 (Law 100(I)/1997, as amended).

Statutory Entitlement

Under Article 3 of the Law, every employed woman is entitled to maternity leave irrespective of her length of service or the type of employment contract. The entitlement is universal and applies both to permanent and fixed-term employees. The law makes clear that the right arises automatically upon pregnancy and does not depend on the discretion of the employer.

Duration of Leave

The standard duration of maternity leave is eighteen (18) consecutive weeks, as provided in Article 4. Out of these, at least eleven (11) weeks must be taken after childbirth, while the balance may be taken before the expected date of delivery. Where a mother chooses not to utilise the prenatal portion, the leave is simply added to the postnatal period.

The Law provides for extended leave in specific cases. In the event of a multiple birth, the entitlement is increased by four (4) additional weeks for each child beyond the first. Similarly, adoptive mothers are entitled to the same maternity leave if the adopted child is under twelve (12) years of age at the time of adoption.

Notification Requirements

Employees must notify the employer in writing of their intention to take maternity leave at least two weeks prior to commencement. The notice must include a medical certificate indicating the expected week of confinement. Employers should implement internal HR policies to ensure that such notices are received and properly documented, thereby minimising administrative disputes.

Impact on Employment Relationship

It is important to underline that maternity leave constitutes a period of legitimate absence, during which the employment relationship continues to exist. The employee remains on the employer’s books and continues to accrue rights connected to seniority and length of service. Any contractual provisions or policies that attempt to reduce these rights during maternity leave are void and unenforceable under Cypriot law.

Practical Guidance for Employers

For HR managers and employers, the key compliance steps are:

1. Establish clear maternity policies in line with the statutory framework.

2. Maintain accurate records of notification letters and medical certificates.

3. Plan workforce arrangements to cover the absence without adversely affecting the employee’s position.

4. Avoid any pressure or discouragement regarding the exercise of maternity rights, as this may give rise to discrimination claims.

Conclusion

Maternity leave in Cyprus is not a discretionary benefit but a statutory right of every employed woman. The clear rules on entitlement and duration under Articles 3 and 4 of the Protection of Maternity Law impose a binding obligation on employers to respect and facilitate this right. For HR managers, a proactive compliance framework will not only ensure legal adherence but also promote a supportive workplace culture, enhancing employee loyalty and corporate reputation.