S.L. 452.125 чл. 14Protection from dismissal and burden of proof.         Cap. 452.

(1) Any dismissal, or preparations for the dismissal of workers on the grounds that they have applied for, or have taken, paternal, parental, carers’ leave, or time off from work on grounds of or have exercised the right to request flexible working force majeure, arrangements, shall be unlawful:

Provided that in the case of parental leave notice of termination of employment, as provided for in the Act may be given during the period of parental leave:

Provided further that, a notice of termination given by either the employer or the employee during parental leave, shall result in the automatic suspension of the parental leave from the date such notice is given.

(2) Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken leave provided for in sub-regulation (1), or availed themselves of a flexible working arrangement, may request the employer to provide duly substantiated reasons for their dismissal. Such reasons shall be provided by the employer in writing, within fifteen (15) days from a request therefor.

(3) When a worker establishes, before a competent authority, facts capable of giving rise to a presumption that he has been dismissed on the grounds of having applied for, or availed himself of any leave mentioned in sub-regulation (1), or of having requested or availed himself of a flexible working arrangement, it shall be the responsibility of the employer to prove that the dismissal was based on other grounds.