Motherhood 2025 - Everything You Need to Know

Maternity – Everything You Need to Know About Your Rights and Responsibilities

Maternity is one of the most important periods in the life of every woman and her family. In addition to its profound emotional significance, it also raises many practical questions – what rights does a working woman have before, during, and after childbirth?

What are her obligations to her employer? How can HR departments respond appropriately to maternity cases, and what are the most common mistakes made?

In this article, we will take an in-depth look at everything you need to know – both from the perspective of an employee and from the position of an employer or HR professional. The content is based on the current labor and social security legislation in Bulgaria as of 2025.

1. Types of Leave Related to Maternity

An employee is entitled to 410 calendar days of maternity leave, 45 of which must be taken before the birth. This leave is granted based on a medical certificate issued by a gynecologist. The leave can begin no earlier than 45 days before the expected due date.

1.2 Additional Leave for Childcare Until the Child Turns 2 Years Old
After the 410-day period, the mother is entitled to additional leave for raising the child until the child turns 2 years old. This leave is granted upon submission of a written request. During this period, the mother is eligible for compensation from the National Social Security Institute (NSSI), provided she has at least 12 months of insurance contributions for general illness and maternity.

1.3 Leave in Case of Adoption
When adopting a child up to the age of 5, the adoptive parent is entitled to leave similar to that granted to a biological mother. If the child is adopted at a later age, different types of leave are granted depending on the child’s age.

1.4 Unpaid Leave for Childcare Until the Child Turns 8 Years Old
Once the child turns 2 years old, parents are entitled to up to 12 months of unpaid leave for childcare until the child turns 8. This leave can be used either all at once or in parts, at the employee’s request and with notice to the employer.

2. Benefits During Maternity Leave

2.1 Amount of the Benefit

For the 410-day maternity leave period, the benefit amounts to 90% of the employee’s average daily gross wage, based on social security contributions made over the previous 24 months.After this period (during the childcare leave until the child turns 2), the benefit amount is determined administratively. As of 2025, it is BGN 780 per month, but it is subject to change with the state budget.

2.2 Eligibility Requirements

To receive maternity benefits, the employee must:

• Have at least 12 months of social security contributions, regardless of whether they are continuous;
• Have an active employment contract or be insured as a self-employed individual;
• Submit a medical certificate issued by a healthcare provider.

3. Rights of the Employee During Pregnancy and After Childbirth

A pregnant woman or a mother on maternity leave cannot be dismissed except in the following cases:

• Liquidation of the company;
• Closure of the company’s operations;
• Faulty actions on the part of the employee (proven with official documents and reports).

In all other cases, dismissal without permission from the Labor Inspectorate is illegal.

3.2 Protection Against Changes in Working ConditionsPregnant employees cannot be forced to work night shifts, overtime, or under harmful working conditions. The employer is obliged to offer suitable work that corresponds to her condition.

3.3 Right to Transfer Maternity LeaveMaternity leave can be transferred to the father or to the grandmother/grandfather if the mother wishes to return to work before the child turns 2 years old. This requires written consent and a request submitted to the employer.

4. What the Employer (or HR Department) Needs to Know

4.1 Submission of Documents to the National Social Security Institute (NSSI)

The employer is responsible for submitting medical certificates and benefit claims to the NSSI. This is done electronically through the NSSI’s online platform and must be submitted within 10 days of the issuance of the medical certificate.

4.2 Maintaining Communication with the Employee

It is important that the employer does not completely sever contact with the employee during maternity leave – notifications, company news, invitations to events, and opportunities to return to work if desired. This helps facilitate a smoother transition upon return.

4.3 Appointment of a Temporary Replacement

During maternity leave, the employer may appoint a temporary replacement under a contract lasting until the original employee returns. The employee automatically resumes their position afterward.

5. Returning to Work After Maternity Leave

5.1 Right to the Same Position

An employee returning from maternity leave has the right to occupy the same or an equivalent position that she held before the leave. The employer is not allowed to demote her or change significant terms without her consent.

5.2 Part-Time Employment

According to the law, if the mother wishes and the child is under 8 years old, she may request part-time work. The employer should accommodate this request unless it significantly disrupts the business operations.

6. Maternity Leave and Self-Employed Individuals

6.1 Conditions for Receiving Benefits

Self-employed individuals (freelancers, sole proprietors, partners, owners of limited liability companies, etc.) are also entitled to maternity benefits if they:

• Have been insured for general illness and maternity for at least 12 months;
• Do not engage in professional activity during the leave;
• Submit the necessary documents to the National Social Security Institute (NSSI).

The amount of the benefit is the same as for employees under a labor contract — 90% of the average daily insurable income.

7. Common Mistakes and Tips

Mistake 1: Dismissal During Maternity Leave

Many employers are unaware of the protection mothers have during maternity leave and attempt to terminate their contracts. This often leads to labor disputes and frequently results in reinstatement and compensation.

Mistake 2: Hiring a New Employee as a Permanent Replacement

Hiring a permanent employee for the same position during maternity leave is unlawful unless the mother’s contract has been terminated.

Tip: Keep Clear Documentation

Every stage of the leave, applications, sick notes, and document submissions should be recorded in the employee’s personal file. This helps in any future inspections and protects both parties.

8. Tax and Social Security Considerations

• During maternity leave, the employment contract is not terminated – its execution is temporarily suspended;
• The employer does not owe a salary but is required to pay social security contributions in certain cases (for example, for additional duties or bonuses);
• If the mother works during maternity leave, she is entitled to 50% of the maternity benefit from the National Social Security Institute (NSSI) for the period she receives a salary.

Conclusion

Maternity is not just a stage in an employee’s personal life – it is an important part of labor relations that requires attention, respect, and fairness from both sides.

For HR professionals, it is crucial to know all the rights and obligations in order to protect the interests of both employees and the company.

If you are an expectant mother or planning a pregnancy in the future, we hope this article has provided you with clarity and confidence to navigate the process professionally and in accordance with the law.