New Labour Framework: Protection of the Institution of the Family
(Articles 11, 12 & 13 of Law No. 5239/2025)

The protection of the institution of the family constitutes an issue of fundamental importance for modern society as a whole—particularly for Greek society and in relation to what is broadly referred to as the demographic problem. Its recognition by the Greek legislator is reflected in the recent legislative reforms (Law No. 5239/2025). The foundation of these reforms had, of course, already been laid by the pre-existing institutional framework (Law No. 4808/2021), which codified, supplemented and modernised provisions relating to the protection of the institution of the family and the facilitation of work–life balance for parents and carers. These provisions have already been addressed in our previous publications.

General

The recent labour law (Law No. 5239/2025), following the reform carried out in 2021, seeks to further strengthen and expand the protective scope of the provisions concerning parental leave allowance, maternity leave and maternity protection. The changes reflect the social value of these provisions and represent a society that evolves and recognises that motherhood, family and working life must coexist in balance and with respect. Most importantly: they constitute prerequisites for the very survival of society itself!

Parental Leave Allowance: Tax-Free, Non-Seizable and Not Subject to Set-Off (Article 11 of Law No. 5239/2025)

The parental leave allowance, granted by the Public Employment Service (DYPA), is tax-free, non-assignable and not subject to seizure in the hands of the State or third parties. It is also not subject to set-off against debts to the State, social security funds, local authorities, legal entities governed by public law or banks, and is not taken into account in the total actual or imputed family income (Article 11 of Law No. 5239/2025, introducing a thirteenth paragraph into Article 231 of Presidential Decree No. 62/2025).

This legislative choice aligns with previous circulars and legal opinions (e.g. Legal Council of the State Opinion No. 375/2009), which have recognised that such benefits do not constitute income but are intended to cover expenses arising from absence from work.

Furthermore, it is noteworthy that the same tax treatment is also afforded to the special maternity protection benefit and the supplementary maternity benefit paid by DYPA.

This reform reinforces the effectiveness of the relevant regulatory framework, ensuring that the financial support provided serves its actual purpose without imposing burdens on employees.

Maternity Leave: Extension to Foster Mothers (Article 12 of Law No. 5239/2025)

Maternity leave has a duration of seventeen (17) weeks. According to the law (Article 236 §1 of the Labour Code—Presidential Decree No. 62/2025), eight (8) weeks are mandatorily granted before the expected date of childbirth and the remaining nine (9) weeks after childbirth. In the event that childbirth occurs earlier than initially anticipated, the remaining leave is mandatorily granted after childbirth so as to ensure a total leave period of seventeen (17) weeks.

It is already established (Article 34 of Law No. 4808/2021) that the postnatal part of maternity leave, of nine (9) weeks, is granted to adoptive mothers and to mothers who acquire a child through surrogacy. Beyond being self-evident, this development has been a significant factor in substantially strengthening the institution of the family.

There was, however, a significant gap: foster mothers were not included in the provisions concerning the postnatal part of maternity leave, despite the establishment of corresponding rights for foster fathers in other provisions. A characteristic example is the granting of paternity leave to foster fathers (pursuant to Article 27 of Law No. 4808/2021). This gap, more precisely a legislative omission, is now addressed by Law No. 5239/2025.

It is noted that foster mothers are those employees who are registered in the National Register of Prospective Foster Parents and to whom, following a court decision or prosecutorial order or contract or investigating magistrate’s order or decision of the Minister of Justice, the actual care or custody of a minor is assigned.

The postnatal part of maternity leave is now also granted to foster mothers (Article 12 of Law No. 5239/2025, amending Article 236 of the Labour Code).

It is also worth noting that adoptive mothers, mothers who acquire a child through surrogacy and foster mothers are entitled to the postnatal part of maternity leave from the placement of the child in the family and until the age of eight (8) years.

Furthermore, if the employee receives this leave during foster care, she is not entitled to it again in the event of subsequent adoption. Conversely, if she does not receive it as a foster mother, she retains this right.

Protection Against Dismissal for Foster Mothers (Article 13 of Law No. 5239/2025)

The set of legislative reforms aimed at strengthening the institution of the family and the protection of maternity is supplemented by Article 13 of Law No. 5239/2025.

With the amendment of paragraph 3 of Article 291 of the Labour Code, protection against termination of the employment relationship now extends, in addition to adoptive mothers and women participating in the process of surrogacy, to foster mothers.

This protection for foster mothers of children up to eight (8) years of age commences from the placement of the child in the family and lasts for a total period of eighteen (18) months.

It is observed that the age limit of the child is also amended, increasing from six (6) to eight (8) years. The aim is to harmonise the scope of maternity protection with the age limits associated with maternity leave. In this way, it is ensured that every employee entitled to maternity leave also benefits from the corresponding protection against dismissal.

Challenges

Although the legislative framework is evolving and moving towards a more equitable and modern direction, challenges remain. Substantive protection is not exhausted in legal provisions. Consistency and conscientiousness on the part of the stakeholders are required, as well as legislative clarity in the relevant regulatory provisions.

The protection of maternity and of the institution of the family, in general, is dynamically evolving within Greek labour law. Law No. 4808/2021 laid the foundations, while Law No. 5239/2025 further strengthens the relevant regulatory framework, filling gaps and promoting equality. The express declaration of the tax-free nature of the parental leave allowance, the (self-evident) extension of rights and benefits relating to maternity to foster mothers, and the rationalisation of the framework of protection against dismissal constitute necessary steps for a society that seeks to respect and support the family. The challenge going forward is one: the practical effectiveness of the legislative provisions. The substantive, real coexistence of working and family life. And, moreover: the creation of strong incentives for the effective management of the demographic problem.

Stavros Koumentakis

Managing Partner

Koumentakis and Associates Law Firm