Care

1.11.1. Is there any policy/ public debate about care, particularly the “care deficit”?

Care is generally interpreted in Bulgarian legislation and policy as the right and

obligation of parent towards their children, and of children towards their parents. Some close blood relatives such as brothers and sisters are also entitled to care from their close ones. Relations that are not bound by marriage or blood therefore do not entail any obligation to care and/ or support.

The Family Code (SG 41/28.05.1985, last amendment SG 59/20.07.2007) has a chapter on the relations between parents and children and according to it ‘parents are obliged to take care of their children and to prepare them for community work [work in favour of the public]’ (Art.68). Step parents (the exact wording is second father and mother) are obliged to cooperate with the parent in the fulfilment of these obligations. The obligations of children towards their parents include respect for the parents and help, which also relates to step (second) parents. Adult children are ‘obliged to take care of their elderly, impaired (‘incapable of work’) or ill parents. There is also a section on the relations between grandchildren and grandparents. The obligations of grandchildren are to respect and help their grandparents, but the code does not say anything about obligations of grandparents. However, there are rights of grandparents, which are: ‘to have personal relations with non-adult grandchildren’. If the personal relations are obstructed, the regional court can define measures for the personal relations to take place upon the request of the grandparents, unless this is against the interest of the children.

Care obligations are regulated by the Penal Code (SG 26/02.04.1968, last amendment SG 7/07.08.2007). For example, the punishment of a person who reneges obligations to a spouse, ascendant or descendant, unable to take care of themselves, thus putting them in a situation of a serious hardship is probation and public reprobation, unless the crime is

more serious (Art.181).

There were even more strict regulations of care responsibilities during socialism. For example, the Penal Code from 1956 provides for punishment – imprisonment for up to 6 months or fine up to 1000 BGN and public reprobation, for a husband who left his family and was living with another person. The same punishment is stipulated for the person with whom the spouse lives. In the case of second offence the penalty is imprisonment for up to 3 years.

The right to support is legitimised by the Family Code. According to this a person who is unfit for work and cannot support her/himself from his property is entitled to support (Art. 79). The support has to be furnished from the following persons in this order: children, spouse or a former spouse (during the divorce); parents; grandchildren and great-grandchildren; brothers and sisters; grand-father and grand-mother, and ancestors of a higher degree.

The idea of ‘care deficit’ is not discussed as such; the emphasis is more on social security/ benefits due to the decline and aging of the population. The concerns of the government arise from the fact that the fertility rate in the country is below the so-called ‘simple reproduction of the nation’ and the aging of the population. ‘The increasing number and proportion of old people (65+) sets serious challenges to the social security system, social benefit system and healthcare’ (National Demographic Strategy 2007- 2020, p 16).

1.11.2. What rights, if any, do people have for (paid or unpaid) leave from work to care for children, partners, family members/ elderly parents, friends?

All employees are entitled to paid annual leave equal to at least 20 days for full-time employment, and also to unpaid leave, which is counted towards employment service of

up to 30 days per year (Labour Code). There are four types of entitlements linked to raising small children. Firstly, there is Leave for Pregnancy, Childbirth and Adoption including: paid maternity leave (315 days, 45 before the due date); and there is paid leave for breastfeeding (2 hours a day until the baby is 8 months old). Secondly, there is paid leave for childcare (all remaining period until the child is 2 years old), which can be used by a parent, a grandparent, other family member, or a friend, foster family member. Thirdly, there is entitlement to unpaid parental leave (until 3 years of age), counted towards the employment service. Fourthly, there is 6 months unpaid leave for taking care of a small child that can be used until the child reaches 8 years of age. The six months can be split and used on different occasions, or to be used as one slot. A single parent who is raising a child alone, and is not married and/or cohabiting with the other parent is entitled to 12 months instead of 6. The entitlement is the same (12 months) if the other parent has passed away or is deprived of parental rights.

Employees are also entitled to leave for looking after a member of the family who is ill or placed under quarantine, as well as to accompany a family member to necessary medical consultations, tests or treatment (10 days per year if the family member is over the age of 18, and 60 days if it is a child aged 18 or under). This permission is given by GPs upon examination of the patient.

There is no leave for looking after a partner or a friend, unless the employee uses unpaid leave. All entitlements are linked to marriage or blood ties, and most of them are for raising children. There are other entitlements that are individual and are not linked to care, for instance two days paid leave for blood donation, or paid leave for taking entrance exams for education, etc.