11.01.2023

ALL ABOUT FATHER'S LEAVE

RIGHT TO CHILDBIRTH LEAVE:

If you are married to the child's mother or live in the same household with her, you are entitled to 15 days of leave upon the birth of the child from the date of his discharge from the hospital. You have the same right if you and your partner have adopted a child under the age of 5 under the conditions of full adoption. In this case, your leave starts from the day the child was handed over to you.

Childbirth leave can be used on the basis of a written application to your employer. The following apply to it:

• A copy of a civil marriage certificate or a declaration from you and the mother that I have recognized the child and that you live together in the same household;
• Document from the medical facility certifying the child's discharge date.

Important: Leave is claimed and used on calendar days.

If your documents are in order, your employer is obliged to allow you to use the leave from the day specified in the application.

You, for your part, are obliged to notify your employer immediately if, during your paternity leave:

• the marriage is terminated by an effective court decision;
• stop living in the same household with the child's mother;
• the child is given up for adoption;
• the child is placed in a children's institution with full state support;
• the child is placed outside your family in a family of your relatives or relatives, as well as the placement of a child to be raised in a foster family;
• the child dies.

If these circumstances exist, the leave is terminated.

You may terminate the use of the leave by written application to your employer.

RIGHT TO USE LEAVE APPLICABLE TO THE CHILD'S MOTHER:

You may use leave instead of the child's mother for the remainder of up to 410 days only with her consent after the child reaches 6 months of age, and the mother's leave is interrupted.

You use this leave on the basis of a written application to your employer, to which are attached:

• birth certificate of the child;
• declaration according to Annex No. 8 to the Ordinance on working hours, breaks and vacations.

The enterprise is obliged to grant leave from the day specified in the application.

You cannot take paternity leave at the same time as leave in the event of the death or serious illness of a parent.

When the mother (adoptive mother) of a child up to 2 years of age or the adoptive mother of a child from 2 to 5 years of age dies or becomes seriously ill, due to which she cannot take care of the child, the relevant part of the maternity, adoption and child-rearing leave of a small child are used by the father (adoptive). With his consent, these leaves can be used by one of his parents or by one of the parents of the child's deceased or seriously ill mother (adoptive mother), when he is employed.

The mother has the right to withdraw her consent at any time by written application to her employer and to the father's employer and to continue using her personal leave. To the application to her employer, the mother attaches the child's birth certificate or the child's handover certificate for adoption and a declaration according to Annex No. 7 to the Ordinance on working hours, breaks and vacations.

The father can also terminate the use of the leave with a written application to the company where he works.

Your leave ends when:

• you are deprived of parental rights or they are limited according to an established procedure;
• the child is given up for adoption;
• the child is placed in a children's institution with full state support;
• the child is placed outside your family in a family of your relatives or relatives, as well as the placement of a child to be raised in a foster family;
• the mother continued to use her maternity leave personally;
• the child dies;
• the adoption is terminated by the court;
• the employment of the mother is terminated.

The use of maternity leave is not terminated when the mother uses another type of leave to which she is entitled.

The time during which the leave is used is recognized as work experience.

Important: As long as you take the leave described above, you are covered by redundancy protection.

INDEMNIFICATION:

• You are entitled to monetary compensation during the use of the 15-day leave upon the birth of the child, if you are insured for general illness and maternity with a minimum of 12 months of insurance experience as insured for this risk.

You receive cash compensation for the working days of this 15-day period, regardless of the compensation that the insured mother receives for pregnancy and childbirth. Thus, you both receive compensation at the same time.

• You have the right to monetary compensation during the use of leave after the child reaches 6 months of age for the remainder of up to 410 calendar days.

Here, however, you receive the benefit instead of the child's mother - that is, only you.