The Constitutional Court Decided in Favor of Employed Pregnant Women and Mothers

On 14 February 2024 the decision of the Constitutional Court of the Republic of Serbia entered into force, which established the unconstitutionality of the provision of the Law on Financial Support for Families with Children on the calculation of compensation of salary during maternity leave and child care leave.

The application of the contested provision resulted in unjustifiably lower compensation of salary for women who, due to pregnancy complications, used the so-called “pregnancy sick leave”, compared to employees whose pregnancy went without complications.

With the new decision, the provision was changed so that the calculation of compensation of salary for both categories of women is done in the same way, opening the possibility for mothers who had to use pregnancy sick leave to submit a request to amend their final decision on the right to compensation of salary during maternity leave and childcare leave.

The article written (in English and Serbian language) by Senior Associate Marko Ilić and Associate Marija Vranić discusses in detail the reasoning and legal consequences of this decision and explains under which conditions mothers may seek compensation from the authorities.

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