Maternity leave: how long it lasts and how much the state pays: what to do under Georgian law

What to do

1. Who is asking: an employee under an employment contract is covered by the Labour Code rules below. Civil servants (მოხელე) are governed by a separate law: 183 days (200 in case of complications or twins) are paid from the budget of the institution, based on salary (Law on Public Service, Art. 64). For a sole proprietor or self-employed person, the Labour Code speaks of an employee (დასაქმებული); a sole proprietor’s entitlement to assistance depends on the payment rules, so do not promise it and clarify with the Social Service Agency.
2. Duration: maternity leave is 126 calendar days (143 in case of complicated childbirth or twins), granted on application (Labour Code, Art. 37). The mother distributes these days before and after childbirth at her discretion (Art. 37). Childcare leave is 604 calendar days (587 in case of complications or twins), of which 57 days are paid (Art. 37). In total, 183 consecutive calendar days are paid (200 in case of complications or twins), comprising maternity leave plus the paid part of childcare leave (Art. 37). The father may take childcare leave in full or in part. Maternity leave is the mother’s right, but days she has not used may be taken by the father (Art. 37).
3. Money: payments come from the state budget; the amount of assistance is set by the Government. The employer may, by agreement, pay a supplement on top of it (Labour Code, Art. 39). State assistance for the entire paid period may not exceed GEL 2,000 in total (Maternity Assistance Resolution, Art. 1). Salary: maternity and childcare leave suspend the employment relationship. The employer is not obliged to pay wages for this time unless the contract provides otherwise (Labour Code, Art. 46).
4. Procedure: an application to the employer and a sick-leave certificate. Applications for funding of assistance are submitted to the Social Service Agency (Maternity Assistance Resolution, Art. 3). For childcare leave, the employer must be notified 2 weeks in advance (Labour Code, Art. 37).
5. Guarantees: after the leave you have the right to return to the same job on the same terms (Labour Code, Art. 20). In addition, there is unpaid childcare leave of up to 12 weeks until the child turns 5 (Labour Code, Art. 40).
6. Where to apply: the employer (application); Social Service Agency (payment of state assistance); disputes go to court or the Labour Inspection Service.
7. Evidence: sick-leave certificate for pregnancy and childbirth, birth certificate, application to the employer, employment contract (for any supplement above state assistance).
8. Traps: expecting full wages from the employer, when by law the state pays within the limit; confusing the total length of childcare leave with the number of paid days; applying Labour Code rules to civil servants, who have their own law.

Be sure to check

• duration: maternity and childcare leave, and how many days are paid
• the state pays, with a limit on assistance for the whole period; a supplement only by agreement with the employer
• the father may take childcare leave; job retention
• sole proprietors and civil servants — special status