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Global employment briefing: Czech Republic, January 2018

  • Europe
  • Employment law

31-01-2018

New Czech paternity benefit for new fathers

On 1 February 2018, an amendment to the Czech Sickness Insurance Act comes into force, introducing a new paternity allowance for one week’s leave, for fathers of newborn children or children placed into their care. The allowance will be payable by the Czech Social Security Authority.

Entitlement to this new paternity allowance requires that the father:

  • has responsibility for the care of his own newborn child or a child under the age of seven who is placed into his care;
  • has paid sickness insurance contributions up to the time he leaves employment to take care of the child; or
  • as a self-employed person or a foreign employee, has paid sickness insurance for at least 3 consecutive months immediately preceding the day he leaves to take care of the child; and
  • leaves to take care of the child within the first 6 weeks after the delivery or placement date;
  • requests payment of the allowance.

If employed, the father and his employer will need to complete an application form which the employer will submit it to the Czech Social Security Authority. Once the application is accepted, the allowance is payable for a maximum period of 1 week and is calculated on the same basis as maternity pay i.e. 70% of normal pay. The payment must be paid as a single sum, regardless of whether a full week of leave is taken.

Although the allowance is introduced from 1st February, back-dated claims will be permissible for children born in the 6 weeks prior to 1 February 2018. However, payment will not be made until on or after 1 February 2018.

From the employer’s perspective, the period of employee absence is considered as parental leave and the employer is obliged to grant such a request. If possible, the employee should notify the employer of his intention to take the parental leave in advance, although this is not a legal requirement. There is also no prescribed means of notification, so employees may inform their employer of their intentions in writing (including by email) or orally.

For further information, please contact:

Radek Matouš, Managing attorney
T: +420 255 706 554
E: radek.matous@dhplegal.com

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