Protection Against Termination and Discrimination During Maternity in Cyprus

Cyprus law provides strong protections for female employees against dismissal and discriminatory treatment related to pregnancy, maternity leave, or breastfeeding. These safeguards are primarily enshrined in the Protection of Maternity Law 1997 (Law 100(I)/1997, as amended), the Termination of Employment Law, and relevant anti-discrimination provisions. Understanding these protections is essential for employers, HR professionals, and employees alike.

Prohibition of Termination Due to Pregnancy or Maternity

Article 7 of the Protection of Maternity Law prohibits the dismissal of a female employee:

• During pregnancy

• While on maternity leave

• During the period immediately following return from maternity leave

Termination in these circumstances is presumed automatically unlawful, unless the employer can demonstrate a legitimate, unrelated reason independent of the employee’s maternity status. Even then, employers must follow statutory procedures, including written notice and consultation requirements.

Burden of Proof in Dismissal Cases

In disputes before the Industrial Disputes Tribunal or Employment Tribunal, the burden of proof lies heavily on the employer. If an employee claims dismissal was maternity-related, the employer must provide clear evidence that the decision was based on objective, non-discriminatory grounds. Failure to do so often results in compensation awards and reinstatement orders.

Protection Against Discrimination

Beyond outright dismissal, the Law also protects employees from any discriminatory treatment linked to maternity. This includes:

• Refusal to promote or provide training opportunities

• Unjustified salary reductions

• Denial of benefits or allowances that are normally granted to other employees

Employers must ensure equal treatment in all aspects of employment. Anti-discrimination obligations are enforced by the Office of the Commissioner for Administration and the Equality Authority, which can investigate complaints and impose sanctions.

Remedies for Unlawful Termination or Discrimination

Employees affected by unlawful termination or discrimination may seek remedies including:

1. Reinstatement to their previous position

2. Compensation for lost earnings and benefits

3. Damages for emotional distress and reputational harm

In practice, these claims often lead to settlements, but tribunals have the authority to issue binding decisions that may include punitive measures against non-compliant employers.

Best Practices for Employers

To mitigate risk and ensure compliance, employers should:

• Maintain transparent policies regarding maternity leave, pay, and reintegration.

• Document all employment decisions meticulously, ensuring non-maternity-related reasons for termination or disciplinary action.

• Train managers and HR staff on gender equality and maternity rights, reinforcing a culture of respect and compliance.

Conclusion

Cyprus law provides robust protection against termination and discrimination connected to pregnancy and maternity. Employers must exercise caution and diligence, while employees are entitled to enforce their rights through legal remedies. By fostering an inclusive workplace and strictly adhering to statutory obligations, organisations not only avoid legal sanctions but also enhance employee loyalty, morale, and long-term productivity.