Labour law: Changes in childbirth leaves

2016-04-08 | Labour law

Previously, the childbirth leave, related to child birth or support, consisted of three types of leave - maternity leave, additional maternity leave and parental leave. The amendment, which came into force on 2nd January 2016 unified the system of leaves, preserving the maternity leave in an unchanged form and merged the additional maternity leave with the parental leave. The total duration of the childbirth leave has not changed.

Due to the merger of the parental leave with the additional maternity leave, the number of the maximum parts the leave may be divided into, has increased from 3 to 4. If the leave is used in parts, these parts will have to follow one another, as previously.

An important change is, that it is possible to get 16 weeks of the parental leave, which do not directly follow the previous part of the leave. In order to use the leave in a more efficient way, the legislator implemented a rule, that the parental leave is granted until the end of the calendar week, when the child turns 6.

Also the rights of the employees, who render work at a reduced working time during the parental leave, have been increased. Combining the leave with work results in pro rata elongation of the leave by the time of work, rendered by an employee in the period when the leave is combined with work.

Also the parents working on different legal basis would take advantage of the amendment. From 2nd January 2016, the parents may share the periods of the benefit or the parental leave.
Also the period when the father is entitled to the fraternity leave will be longer. Previously the father could use the parental leave before the child turned one, and now the period is twice as long. This leave will also be divisible into two parts, which can be used separately.

These changes also include annual two days of custody leave, related to taking care of at least one child at the age of up to 14. Except of the previous form of letting the leave in days, this leave will also be available as a 16 hours leave. An employee will be free to choose the preferred form.

Except of the amendments, the new regulations will extend the time for applying for a parental leave from 14 to 21 days. Also the list of entities entitled to the special occasions leave has been developed. Not only the father will have the right to use a part of the maternity or parental leave, but also the closest relative, as in case of the social insurance sick leave financial benefits.

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