2012-02-27 13:47

Constitutional Court rules maternity leave regulations unconstitutional

On Monday, Lithuania's Constitutional Court ruled that the earlier maternity leave scheme, according to which a parent with insured income would in some cases become ineligible for maternity of paternity leave benefits, ran counter to the Constitution.
Konstitucinis Teismas ketvirtadienį nesulaukė Seimo atstovų.
The Constitutional Court was approached by the country's administrative courts over the issue. / Šarūno Mažeikos/BFL nuotr.

The court also ruled that the provisions of the law on social insurance of illness or maternity and the related resolution, which led to reduced maternity and paternity benefits if, during the leave, the insured person received income from work performed prior to it, was also against the country's main law.

At the same time, the Constitutional Court said that the current scheme which reduces benefits to parents who do not leave employment during the child's first year is in line with the Constitution.

"According to the Constitution, a legislator, bearing in mind the constitutional purpose of a paid leave before and after birth-giving, may establish legal regulation according to which the benefits would be calculated with consideration to other income received by a woman for any work performed during the leave," the court explained.

The Constitutional Court was approached by the country's administrative courts over the issue.

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