It is expected that there will be more than 6,000 cases of granting the special maternity protection allowance, which DYPA must verify by the end of this year, in order to be able to pay or not the allowance in question.
Given that the Joint Ministerial Decision (JMA) regarding the terms and conditions of the concession was published on July 10, the process of submitting applications by interested parties begins, which will have retroactive effects from November 25, 2022.
The applications
The regulation also extends to mothers – workers of DEKO, Banks and Media, as well as freelancers, self-employed women and farmers, which has already been institutionalized to be implemented. A period of 60 days is granted for the submission of the respective application by interested parties to DYPA. If there is a negative decision, an additional 30 days will be granted to file an appeal.
The special maternity protection benefit is granted for nine months and is equal to the current minimum wage at 830 euros (715 euros net).
Beneficiaries and duration
According to KYA, interested parties should know the following:
1. The duration of special maternity protection leave is nine months.
2. Beneficiaries will be able to emerge from November 25, 2022, the date set as the starting point by KYA.
3. Salaried workers with a contract or employment relationship and lawyers with a salaried mandate contract are entitled to maternity allowance. Self-employed workers (freelancers, independent workers and female farmers) are also eligible.
Transfer to another parent – What applies to same-sex couples
4. Single, adoptive and putative mothers who have a fixed-term or indefinite employment relationship, full-time or part-time, in companies or farms or with a salaried mandate are also entitled to special maternity leave. They may transfer this leave, for up to seven months, to the other parent, regardless of whether they have a private law dependent employment relationship, or with a salaried mandate, or are self-employed or farmers, or self-employed workers.
5. In the case of having a child of same-sex spouses, a joint declaration must be submitted to determine who will be the beneficiary of the special maternity leave.
6. In the case of adoption of a child, the parent becomes the beneficiary if the child is up to 8 years of age.
7. If the right to special maternity leave has already been exercised, it may be continued until its end if the beneficiary starts working in the private sector. The same applies to cases of change of employer in the private sector. However, a relevant application must be submitted.
When and how it is administered
8. Special maternity leave is granted after the end of maternity leave (childbirth and maternity leave) or after the end of care leave of the same year (reduced working hours). The same applies to workers who, immediately after the end of the abovementioned special leaves, take their normal leave. However, annual leave must precede special maternity leave.
9. Special maternity protection leave shall be granted by the employer after written notification. The relevant update shall be made no later than one month before any other form of leave already granted expires.
10. DYPA is obliged to pay, during the period of leave, monthly, an amount equal to the current minimum wage. It must also pay a proportion of holiday gifts and annual holiday allowance. If the beneficiary of the benefit has worked on average up to four hours per day or up to 13 days per month, in the six months prior to pregnancy leave, this benefit will be paid at half the amount.
11. The following are necessary conditions for granting the special maternity protection benefit of DYPA:
A. The beneficiary must be in an active employment relationship or have an active salaried contract.
B. A decision on maternity allowance was issued by any body of the EFKA.
12. The application for the granting of the special maternity protection benefit is submitted exclusively electronically to DYPA. It must be submitted within a maximum period of 60 days after the granting of the special maternity protection authorization. If the decision is negative, a period of 30 days is granted to submit a relevant objection.
13. The period of special maternity leave shall be counted as insurance time in the main pension and sickness branches of the EFKA or another body external to the EFKA. The same applies to the competent supplementary insurance bodies.
When can it be discontinued?
14. Supply is interrupted in the following cases:
A. If the beneficiary submits a relevant request.
B. If the employment relationship on the basis of which the beneficiary requested the benefit in question has ended.
C. If an on-site inspection is carried out and it is found that the beneficiary continues to be employed by the employer from whom she received the special maternity protection authorization.
Tax-exempt and non-seizable
15. The special maternity protection benefit is tax-exempt, non-transferable and non-seizable in the possession of the State or third parties, and is not subject to any fee or levy or other withholding in favor of the State or EFKA.
16. Any amounts paid unduly are requested in accordance with the provisions of the Public Revenue Collection Code (KEDE).
17. The personal data of beneficiaries are kept intact by DYPA for at least 20 years after the granting of the special maternity protection benefit.