Possibility of transfer up to 7 months from father’s special maternity leaveif he works in a fixed or perpetual dependent employment relationship in full-time or part-time companies, provided by a decision of the Minister of Labor Kostis Hatzidakis pursuant to Law No. 4997 passed in 2022. A ministerial decree regulates the conditions and procedure for the transfer of special maternity leave for private sector workers from the mother to the father of the child.

It specifies in detail that the child’s mother can transfer special leave and allowance to the father without requiring her to use part of it first. The mother chooses how to exercise her right and, in particular, whether she will use the entire special maternity leave (9 months) or transfer part of the right to special leave and maternity protection – up to 7 months – to the father of the child. .

The mother can also determine the periods during which she will use special leave alternately with the father of the child. In essence, the decision makes it clear that the order in which the parents will use the leave in addition to each other does not matter. In other words, the mother can exercise the first part of the above right and transfer the rest to the father within seven months.

Alternatively, the father may first use part of the special leave and allowance given to him by the mother for up to 7 months, and then the mother may use the remainder of her entitlement herself until the end of the 9 months leave. or vice versa. The distribution of periods of leave and benefits after the transfer can be made continuously and additionally between parents and in more than one shift.

The mother’s or father’s annual leave shall be granted without fail before the special maternity leave, only if, based on the annual deadlines, there is a risk of losing it.

With regard to mothers who already today and from 11/25/2022 (date of entry into force of Law 4997/2022) enjoy special leave, they can transfer the right to the father for the remaining time until the end of 9 months. Leave is granted to the employee on the basis of his application to the employer, who must be notified of this in writing one month in advance.

The time of an employee’s absence from work during the period of special leave for maternity protection is counted as the time of actual length of service for calculating the annual basic leave, the length of service for determining the amount of remuneration and compensation upon dismissal, as well as the rights arising from the provisions of labor legislation. A working father who uses special leave is entitled to all the benefits and consequences in terms of insurance coverage, just like a mother.