On the 14th of February 2024, the Constitutional Court of the Republic of Serbia issued a significant decision that establishes new standards in the computation of wage compensation for pregnant women, and those obligated to maintain pregnancy. In accordance with the latest legal developments, the approach to calculating wage compensation for these two categories has now been equalized, taking into consideration amounts characterized as earnings. It is essential to emphasize that this calculation will encompass sums on which taxes and contributions have been remitted in the preceding 18 months, retroactively to the period before the commencement of maternity leave.

This decision harmonizes the method of calculating wage compensation for pregnant women sustaining pregnancy and those with regular pregnancy. Furthermore, the computation will now include amounts characterized as earnings, for which taxes and contributions have been paid in the 18 months preceding the commencement of maternity leave.

With the publication of the Constitutional Court of Serbia’s Decision in the Official Gazette, on the 14th of February of this year, the provision of Article 13, paragraph 1, of the Law on Financial Support to Families with Children (“Official Gazette RS,” No. 113/2017, 50/2018, 46/2021 – decision of the Constitutional Court, 51/2021 – decision of the Constitutional Court, 53/2021 – decision of the Constitutional Court, 66/2021, 130/2021, 43/2023 – decision of the Constitutional Court, 62/2023, and 11/2024 – decision of the Constitutional Court) has ceased to be effective concerning “absences due to complications related to maintaining pregnancy.”

Before the enforcement of this decision, months during the absences due to complications related to maintaining pregnancy were not factored into the calculation of post-delivery wage compensation. This resulted in an unjust position for women maintaining pregnancy compared to those that had regular pregnancy. This meant that the number of months required to qualify for full wage compensation after childbirth had to be 18, plus the number of months during the absences due to complications related to maintaining pregnancy.

This legal advancement holds a pivotal impact on fairness and equal treatment of women during this significant life stage.