The Labor Code provides increased protection for employed women during pregnancy, maternity, and parental leave. During this period, you are entitled to several rights and benefits.
Here, you will learn about:
- maternity leave
- who is eligible for maternity benefits
- the rights of the child's father as an employee.
- your financial security options before and after the child's birth
Subject to certain conditions, you can receive financial assistance during maternity, or in the case of illness. Parental leave can be taken until your child is three years old by either parent, so both the mother and the father have a right to it. During this time, you are also entitled to parental leave, and your employer must maintain your job position.
Maternity Leave
If you are expecting a child and are employed, your employer must allow you to take maternity leave.
If you're expecting one child, you can take maternity leave for a period of 28 weeks, with a minimum of 14 weeks being mandatory. However, if you're expecting more than one child, you're eligible for 37 weeks of maternity leave.
You can start your maternity leave between 8 to 6 weeks before your expected due date but it must continue for at least 6 weeks after your child is born.
How to access this right
Your gynecologist will determine the due date and, consequently, the start date of your maternity leave. The doctor will provide you with a completed form that you will submit to your employer. The application form for maternity benefit can also be filled out by your gynecologist, who will have it available.
Maternity benefits
You can get can receive financial assistance during maternity called “maternity benefits” for your entire maternity leave if you meet these conditions:
1. You've been insured for at least 270 days as an employee or have paid health insurance as a self-employed person in the two years before your maternity leave starts.
2. If you leave your job while you're pregnant and lose your insurance, but you start your maternity leave within 180 days from when you left your job. If you worked in the Czech Republic for less than 180 days, your protective period lasts as many days as you were employed.
The amount of maternity benefits you receive depends on your salary. You can figure out how much you'll get by using the calculator on the Ministry of Labor and Social Affairs (MPSV) website.
Paternity Leave
If you're the father of the child, you can request paternity benefits within 6 weeks after the baby is born. Starting from the 7th week after childbirth, you have the option to share caregiving responsibilities with the mother.This means you are financialy covered for a maximum of 14 consecutive days, and this financial benefits are provided through your health insurance.
Sickness Benefit
If you do not qualify for maternity benefit, you can still receive sickness benefit. From the 6th week before the expected due date, a doctor can decide on your work incapacity, which will then be terminated 6 weeks after childbirth. If a doctor determines that you are incapacitated due to a high-risk pregnancy during pregnancy, you will be on sick leave and subsequently transition to maternity leave as decided by the doctor, between 8 and 6 weeks before childbirth. If you are not eligible for maternity benefit, you will remain on sick leave.
Protection of Female Employees
The Labor Code provides increased protection for employed women during pregnancy, maternity, and parental leave. During this period, you areprotected from:
- Getting Fired: During your pregnancy and maternity or parental leave, your employer can't fire you or suddenly end your job contract. The only time they can do that is when there are big organizational changes that would result in your position being terminated without compensation. However, this rule doesn’t apply if you’re on probation or have a fixed-term employment contract. So, if your employer offers to end your employment through mutual agreement,make sure you know your rights. If you do not want to end your employment, do not sign the agreement.
Getting a lower or different job position when you return to work: Upon returning to work after maternity leave, your employer must offer you your original job position at the same workplace. If you return to work after parental leave (within three years of your child's birth), your employer can employ you in any position according to your employment contract.
Transfer to Another Job:During pregnancy, breastfeeding, and up to 9 months after childbirth, certain types of work and workplaces are prohibited. Especially those that involve exposure to radiation, chemicals, or excessive physical strain. If you are required to perform such unsuitable work, your employer must transfer you to a more suitable position. If this transfer would result in reduced income, you are entitled to a compensatory benefit during pregnancy and maternity. This is a benefit paid from your health insurance.
Protection of Parental Rights
The Labor Code also provides additional protection for individuals caring for children. Employment conditions are adapted for the needs of childcare. If an employee caring for a child under 15 years of age requests a change in working hours, the employer should accommodate this request, provided it does not interfere with significant operational reasons. Pregnant employees and employees caring for children up to 8 years old can only be sent on business trips outside the location of their workplace or residence with their consent.
Childbirth Grant – What is it and who is elidgeble?
The childbirth grant is a one-time contribution provided to families with low income to cover the costs associated with the birth of their first and second child. The right to the childbirth grant belongs to a woman who gave birth to her first or second child (in the Czech Republic), and the family's total income is less than 2.7 times the subsistence minimum. The amount of the childbirth grant is fixed, totaling 13,000 CZK for the first child and 10,000 CZK for the second child.
If you are a holder of temporary protection, you currently do not have the possibility to apply for additional social benefits such as childbirth grants, child allowances, or housing benefits due to low family income. These allowances can only be requested by those with international protection status.
Information Sources:
Czech Social Security Administration (Česká správa sociálního zabezpečení) - [Paternity Leave](https://www.cssz.cz/otcovska)
Ministry of Labor and Social Affairs - [Childbirth Grant](https://www.mpsv.cz/-/porodne)
State Labor Inspectorate - [Information for Ukrainian Citizens](https://www.suip.cz/web/suip/novinky/-/asset_publisher/Z8ivneU2D1Hv/content/informace-pro-obcany-ukrajiny