Employer Obligations During Maternity Leave in Cyprus

The Protection of Maternity Law of 1997 (Law 100(I)/1997, as amended) does not only establish the right of female employees to maternity leave, but also imposes a number of strict obligations on employers. Non-compliance exposes employers to legal sanctions, administrative penalties, and reputational harm. For HR managers and business leaders, understanding these duties is essential to maintaining both legal compliance and workplace harmony.

Preservation of Employment Rights

According to Article 5, maternity leave is deemed a lawful interruption of employment. This means that during the leave period, the employment relationship remains active, and the employee retains all rights connected to her position, including seniority, accrued benefits, and continuity of service. Employers cannot treat maternity leave as a suspension or termination of the employment contract.

In practice, this requires employers to ensure that the returning mother resumes her duties in the same or an equivalent position with the same terms and conditions of employment. Any attempt to alter her contractual terms to her detriment may constitute a breach of statutory obligations and could expose the employer to liability for discrimination.

Financial Considerations and Social Insurance

While employers are not directly required to pay wages during maternity leave, they must facilitate the employee’s access to maternity allowance under the Social Insurance Law. Employers are obliged to provide the necessary documentation confirming the employment relationship and salary levels, so that the employee may claim her statutory allowance. Failure to cooperate in this process may be considered unlawful interference with the employee’s maternity rights.

Employers who offer enhanced maternity benefits through collective agreements, employment contracts, or internal policies must also honour these commitments. In such cases, statutory maternity rights operate as a minimum standard, and any contractual provision more favourable to the employee will prevail.

Protection of Working Conditions

Under Article 6, employers must safeguard the health and safety of pregnant employees. This extends beyond maternity leave itself and includes the duty to adjust working conditions or provide alternative duties if the nature of the work presents risks to the health of the mother or child. Failure to perform adequate workplace risk assessments may expose employers to liability under both employment and health and safety legislation.

Communication and HR Best Practices

Employers should establish clear internal procedures for handling maternity leave requests. Best practices include:

1. Acknowledging maternity notifications in writing, thereby confirming acceptance.

2. Maintaining regular but non-intrusive communication with the employee during leave, limited to necessary work updates.

3. Ensuring reintegration policies are in place, including flexibility for breastfeeding or childcare needs, as required by subsequent provisions of the Law.

Compliance and Sanctions

The Law provides for penalties against employers who obstruct the exercise of maternity rights. This may include administrative fines or, in serious cases, criminal liability. In addition, violations may give rise to civil claims for damages and reputational damage if the employer is perceived as hostile to working mothers.

Conclusion

The obligations imposed on employers during maternity leave are both legal and ethical. Articles 5 and 6 of the Protection of Maternity Law make it clear that the employment relationship must remain intact, the employee’s rights must be preserved, and health and safety considerations must be respected. For HR managers, this is not merely a compliance exercise but an opportunity to demonstrate the organisation’s commitment to equality, diversity, and sustainable employment practices.