Czech Republic: Fathers and Work: Legal Entitlements Under Czech Labour Law

Author: Klára Sleglova

Although mainly employee-mothers are traditionally assumed to enjoy special rights in connection with the birth of their child, Czech labour law pays significant attention to employee-fathers, too. This article gives an overview of how the Czech Labour Code and other relevant regulations approach the needs of employee-fathers.

 

Working Conditions

The Czech Labour Code offers strong protection for pregnant employees and mothers-employees, from forbidding the employer to unilaterally terminate employment during protected periods (e.g. maternal leave) to banning work endangering motherhood. Although not to the same extent, fathers receive numerous protections, too. Neither parent can be required to work overtime until their child turns 1, or be sent on a work trip outside their city without their consent until the child turns 9 (or 15 if the parent is a sole caretaker). Moreover, sole-caretaker fathers with a child under 15 are included in the list of employees entitled to request shorter working hours. Furthermore, being on paternal leave also protects fathers from unilateral termination of their employment.

 

Paternal and Parental Leave

Fathers can take leave even if the mother is already taking hers, but it differs significantly from maternal leave. While mothers may take leave up to 8 weeks before birth and their maternal leave can last up to 28 or 37 weeks in case of multiples, paternal leave provides time off and support after the child is born. Paternal leave, strictly tied to the paternity benefit, lasts 14 days and must begin within 6 weeks of birth. Fathers who have been sole caretakers ever since the birth of their child are protected the same way a mother would be on maternal leave. Like mothers, fathers can additionally apply for parental leave until the child turns 3, with the possibility of requesting it repeatedly as needed within those 3 years.

During all 3 types of leave, parents receive financial support through social security insurance instead of salary compensation. Eligibility for a paternity benefit requires insurance and being listed on the birth certificate. The benefit is payable if the father starts leave within 6 weeks of the child’s birth and lasts for 14 days. The amount of the benefit is determined in the same way as for mothers on maternal leave.

Key Action Points for Human Resources and In-House Counsel

• Although the Czech Labour Code acknowledges that mother-employees require stronger protection, it does not fail to recognise the rights of fathers as well.
• Father-employees can apply for two different types of leave, including paternal leave of 14 days.
• The Czech legal system does not distinguish between mothers and fathers who are sole caretakers when it comes to additional support.