Working mothers and fathers are increasingly struggling to return to work after using their maternity leave (or leave on maternity terms), parental leave, paternity leave, and parental leave. Employers are using every means possible to terminate their employment contracts, which is usually illegal. To shed light on this issue, we present a series of articles related to parenthood and the rights of parents.

Types of leave

First, it's worth reviewing the types of leave available to parents. Below, we've listed each type along with a brief description:

a. maternity leave

It seems to be the most well-known and frequently used leave available to parents. It is available to the mother immediately after the birth of a child. Depending on the number of children, it can range from 20 weeks (for the birth of one child) to 37 weeks (for the birth of five children at the same time).

It's worth remembering that it's possible to use part of your leave before the actual birth (up to 6 weeks). In this case, the amount of leave you can use after the birth is reduced accordingly.

It's also worth mentioning that the mother is only required to take 14 weeks of maternity leave. In such a situation, it's possible to transfer the remaining portion to the child's father, who will then provide care for the child.

As a side note, it should be noted that in the event of the death of the child's mother, her abandonment of the child and her inability to live independently, the right to maternity leave is transferred to the father raising the child or another member of the immediate family who will take over the care and upbringing of the child.

b. maternity leave

The Labor Code also regulates leave under the terms of maternity leave. It is available to employees who have taken in a child as foster parents, as well as to employees who have taken in a child and filed a motion with a guardianship court to initiate adoption proceedings for that child.

c. parental leave

Parents are also entitled to parental leave to care for the child. Generally, if one child is born at the same time, the leave is 41 weeks, and if more than one child is born at the same time, it is 43 weeks. It's worth noting that each parent must use at least 9 weeks of this leave.

This leave is granted on a one-off basis or in parts (no more than five), until the end of the calendar year in which the child turns six. It is also possible for both parents to take it simultaneously.

d. paternity leave

Paternity leave is provided exclusively for the child's father. It lasts two weeks, which can be used no longer than until the child reaches 12 months of age or 12 months have passed since the adoption decision becomes final (but no longer than until the child reaches 14 years of age).

e. parental leave

The right to parental leave to care for a child is granted to employees employed for at least six months, totaling 36 months (for both parents). The deadline for taking this leave is when the child turns six. Similarly to parental leave, each parent must use at least one month of this leave.

In the next article, we will present in more detail the issue of returning to work and the opportunities available to new parents that will allow them to combine work and home life.

This article is for informational purposes only and does not constitute legal advice.

Legal status as of July 13, 2023

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