“In the event of pregnancy termination, the worker will always be entitled to take a leave of 14 to 30 days, instead of the current 3 days. Additionally, the other parent will also have the right to be absent from work for up to 15 days, unlike the current 3 days,” states the Ministry of Labour, Solidarity, and Social Security in a statement.
Under the current wording of Article 38-A, No. 1, the worker is permitted to be absent from work due to gestational mourning for up to three consecutive days if there is no entitlement to pregnancy termination leave.
However, “pregnancy termination leave applies to all cases of gestational loss involving a pregnancy that did not reach its term, that is, when delivery did not occur, covering situations of voluntary or involuntary termination of pregnancy, as well as spontaneous abortion,” the Ministry adds.
Thus, “in the event of pregnancy termination, the worker will always be entitled to take a leave of 14 to 30 days, as outlined in Article 38, No. 1 (subsidized at 100% under the applicable legal regime). Therefore, it makes no sense to alternatively foresee the right to be absent in this situation,” it reinforces.
Consequently, “the revocation of the norm results in a more favorable regime for the pregnant woman,” assures the Ministry in the statement.
“Additionally, the right of the other parent to be absent from work is already safeguarded through the provision of the right to be absent to assist a family member for up to 15 days. Previously, under the current provision, the other parent could only be absent for three consecutive days. Thus, in this respect as well, the revocation of the norm results in a more favorable regime for the partner of the pregnant woman,” it emphasizes in the note.
