The woman who resigns during pregnancy and does not have a job when she gives birth cannot be deprived of maternity allowance, the Constitutional Court decided following a challenge filed by the lawyer of a woman plaintiff. The lawyer claimed that the non-provision of maternity allowance (calculated depending on the husband’s salary) to the woman who worked for a period while being pregnant and who resigned before giving birth represents discriminatory treatment compared with pregnant women who do not work at all during pregnancy, but benefit from this right, IPN reports.
In its argumentation, the Constitution Court says there is an inequitable attitude to the wives who didn’t work at all and those who worked partially during the months prior to the maternity leave. Though the two categories of women have the same status on the day they give birth - of maintained persons - the legislation allows paying social welfare to only wives who haven’t worked during pregnancy.
The Constitutional Court’s decision is definitive and cannot be appealed. It takes effect when it is adopted.
