Comparative Analysis of Regulations Concerning Maternity and Parental Leave in Georgia and European Union

Abstract

In September 2013, the Parliament of Georgia amended the Labour Code, increasing the allowance for an employee who takes leave for pregnancy and childbirth or adoption from 600 GEL to 1000 GEL. Also, the length of both paid and unpaid leave parts has increased. According to the September 2020 amendment in the Labour Code, parental leave can be shared between mother and father, while maternity leave is an exclusive right of the mother. Before these amendments, the father had a right to take maternity and parental leave and receive the allowance only if the mother had deceased. However, the father has a right to take the days of leave that the mother has not used. The Labour Code of Georgia does not offer paternity leave, as in most European countries. Paternity leave is taken only by fathers, and the length varies from several days to 2 weeks, during which both parents can be granted the leave. During the last eight years, the allowance for leave for pregnancy, childbirth, or adoption has not increased. In public service, the allowance amounts to the total salary of the civil servant. In 2014, the amount was higher than the subsistence minimum in Georgia, while today, it is much lower due to inflation. Such a large gap between civil service and the rest of organizations/institutions shall not be considered a fair approach. According to the European Social Charter standard, the allowance for maternity leave should not be substantially less than the previous wage. It should amount to no less than 70% of the wage, except for high salary earners, when a ceiling on the amount of the allowance is permitted. According to the International Labour Organization (ILO) standard, established in the Maternity Protection Convention, 2000 (No. 183), such benefit shall not be less than two-thirds of the woman's previous earnings. On the way to European integration, Georgia must gradually comply with these standards. Even if these standards were not established to improve the health and socio-economic conditions of mothers and children and the difficult demographic situation in the country (according to Geostat data, the birth rate in the last seven years dropped by almost 25%), it is vital to introduce the benefit which will not be significantly less than the relevant employees’ salary and maintain the standard of living the family had before taking the maternity and parental leave. It should be made for all employees, not only for civil servants. The research examines provisions concerning: a) maternity leave – is taken by pregnant workers, workers who have recently given birth or who are breastfeeding; b) paternity leave - is taken by fathers; c) parental leave - is taken by parents on the grounds of the birth or adoption of a child to take care of that child; d) adequate allowance for the leave.  The research studies the following documents: a) EU Directives and ILO’s International Labour Standards on maternity, parental, and adoption leave; b) Several EU member states' relevant legislation. These documents are compared with Georgian labor law. The research contains recommendations to approximate Georgian labor law with European standards in the mentioned field.