Protection on grounds of pregnancy and childcare
An employer may not refuse to conclude an employment contract with a woman because of pregnancy — nor may offer her a change of employment contract on less favourable terms on grounds of pregnancy, childbirth or breastfeeding.
Prohibitions for the employer
- May not make the establishment of an employment relationship conditional on proof of pregnancy (except for jobs with significant risk)
- May not request pregnancy data nor direct another person to do so
- Unless the employee personally requests a specific statutory right
Temporary reassignment
Based on the findings of a competent physician, a pregnant employee (or one breastfeeding a child) who works at jobs that may endanger life and health — the employer must offer temporary reassignment to other suitable jobs.
Ban on night and overtime work
Night work and overtime work are prohibited for:
- A pregnant employee
- An employee who has recently given birth
- An employee breastfeeding
- An employee with a child under 3 years of age
If a woman has a child older than 2 years, night work may be approved with written consent.
Rights during leave
The employee has all rights from the employment relationship as before the start of leave — as well as all rights to improvement of working conditions.
The employer is obliged to provide the employee, upon expiry of the leave, with a return to the same job or an equivalent job with at least the same salary.
During leave — a right to salary compensation in an amount that cannot be lower than the salary compensation in case of temporary incapacity for work due to maintenance of pregnancy.
Protection from termination of employment
An employer may not terminate an employment contract:
- Of a pregnant employee
- Of an employee during use of maternity and parental leave
Exception: a serious breach of work duty — in which case the employer must prove the gross breach.
During leave, the employer may not declare the employee a person whose work is no longer needed.
Automatic contract extension
If a fixed-term contract expires during pregnancy, maternity or parental leave — the term is extended until the end of the right to that leave. The employee is obliged to inform the employer of the new circumstances at the latest 3 days after their occurrence.
Maternity leave — 98 days
A female employee uses mandatory maternity leave of 98 days:
- 28 days before the expected childbirth
- 70 days from the birth of the child
The expected date of childbirth is determined by a competent specialist physician. Particularly in the case of multiple births — maternity leave of 70 days may be used by both parents.
If the child is born before the 37th week of pregnancy, maternity leave is extended for the period up to the planned childbirth.
Parental leave — up to 365 days
Parental leave is the right of each parent to use leave from work in order to care for the child for up to 365 days from the date of birth.
If one parent has started to use the leave, after 30 days the right of use can be transferred to the other parent.
Salary compensation — required documentation
Submitted to the local office of the social welfare centre:
- Application for refund of salary compensation
- Proof of the employee’s employment
- Proof of temporary incapacity (medical sick leave certificates)
- Employer’s decision on exercising the right
- IOPPD form for the 12 months preceding the month of exercising the right
- JPR form from the Tax Administration
- M4 form from the PIO (Pension and Disability Insurance) Fund
- Statement of the business bank through which the salary was paid to the beneficiary
- Birth certificate extract for the baby
Monthly from the employer
The employer is obliged to submit monthly:
- Proof of temporary incapacity for work
- Bank statement through which the salary was paid
- Certificate of the Tax Administration that taxes and contributions have been settled
Amount of refund to the employer
Depends on the length of uninterrupted employment of the employee before exercising the right:
| Length of uninterrupted work | Refund |
|---|---|
| 12 months or more | Average salary for the previous 12 months |
| 6–12 months | 70 % of the average salary |
| 3–6 months | 50 % of the average salary |
| Up to 3 months | 30 % of the average salary |
Upper limits
- For 12+ months of service: at most up to the amount of two average salaries in the country in the previous year
- For other cases: at most up to the amount of one average salary in the country
Do you need expert help with documentation for maternity leave and refund? Contact Finance Plus.
