CCR: Self-insured women cannot be excluded from maternity risk leave and allowance

The Constitutional Court ruled unanimously on Tuesday, September 29, that women individually insured through a contract concluded with the health insurance fund cannot be excluded from maternity risk leave and the related allowance merely because they are not employees. The judges deemed the difference in treatment discriminatory and established that it violates the right to equality, health protection, and a decent standard of living.

The decision concerns individuals who do not have an employment contract or an official service relationship but pay contributions under a contract for leave and allowances under health social insurance. This category may include women engaged in self-employed activities.

Maternity risk leave protects the pregnant woman, the woman who has recently given birth or is breastfeeding, as well as the fetus or child, when professional activity poses risks. It may be granted for a maximum of 120 days, in full or in installments, and the allowance amounts to 75% of the calculation base, without the need for a minimum insurance period.

Although the legislation was supplemented in 2023 to expressly include these individuals, the Constitutional Court sanctioned their previous exclusion. The ruling is final and generally binding, and the reasoning is to be published in the Official Gazette.