Despite all efforts to balance family and work life, he remains pro
for many mothers, parental leave at the end of their working career or at least a major obstacle to it.
In a European comparison, the Czech Republic is among the countries with a negative effect of motherhood on the employment rate of women. According to the results of the Czech Statistical Office and the Gender studies report, it is
only 57% of mothers with children under 15 are employed and women go on parental leave,
unlike men, in more than 98% of cases [1].
In addition to limiting career growth, it also accompanies women
low professional self-confidence when trying to return to work. The mother is in the Czech Republic
an unattractive and therefore unlucrative employee, which practically results in her professional isolation
in the most productive period of life. The burden of financially providing for the family then rests on the father, who
therefore, in most cases, he does not really have much opportunity to be involved in the care of the child. We could go on
speculate about the negative effect of this fact on family ties or even on the divorce rate,
however, this is not the subject of this article.
European experience
In a number of other European countries [2] on the other hand, the legislation integrates women – mothers back
to the labor market and allows men to take more time off work in connection with child care [3],
and with financial compensation such that there is no significant economic decline for the family.
None of the foreign systems is completely optimal, but in each one can be found relatively interesting
elements that, after their possible introduction, would affect the situation of parents on the labor market in the Czech Republic
could improve.
Child welfare system in Sweden [4] it is built on equal rights and obligations for both
parents who together have a joint entitlement of 480 days, which they can draw from birth
until the child reaches the age of eight, in various time periods. The state guarantees
mandatory for both parents, or each of them 60 days, while one cannot give up his
claim in favor of another. Whether the parents will divide the entitlement in half, or one will draw
the legal minimum of 60 days and the other parent the remaining 420 days, is left to their
decision. From this system, it is clear that the priority is setting equal employment opportunities
for both parents. Because of the family, neither parent in Sweden has to postpone their career
with an uncertain return to work. In addition, Swedish companies have an obligation to enable women i
men, including managers, part-time work [5] working hours and other flexible work arrangements.
In Denmark [6] parents are given a combined 32 weeks of parental leave, which means
that both parents can choose any number of days and use them alternately. Parental
employees can extend their leave by eight or 14 weeks, while the drawing itself
they can postpone it until later and use it until the child reaches nine years of age. For support
when women return to work from the age of six months, the state guarantees an extra place in the crèche
or so-called micro-nursery [7]. The system prepares women for a so-called bridging return to employment
the period when for the last 5 weeks of parental leave [8] they start their original job
part-time position.
The motto Children, church and career defined German [9] Federal Minister Ursula von der
Leyen, who despite being a member of the CDU [10], pushed through many inclusive women's changes in 2007
quickly back to the job market. In the reform, she included the requirement to expand the nursery network by 2013
so that 35% of children under the age of three have secure care outside the family (in the following years
this trend should then have an upward tendency). In addition, each child is born after completing a certain
age of legal entitlement to kindergarten placement. In the Federal Republic of Germany, another positive instrument for reconciling the family and working life of women – mothers is the possibility to leave
to deduct the costs of caring for a child outside the home up to a certain amount from taxes, which applies
also for babysitting services provided by a nanny or so-called au pair. The law also allows the possibility
postponing the use of part of the parental leave until a later period, up to eight years of age at the latest
of the child. Employees can request to take a shorter part of parental leave, e.g.
at the time when the child starts compulsory school attendance [11].
An interesting approach to parental leave was chosen by Great Britain, which introduced the so-called Keep In
Touch days [12], i.e. the days when the employee is on parental leave for the duration of the draw
leave in connection with your workplace. These are 10 days and 20 days, the so-called SPLIT [13] during
maternity and parental leave, during which female employees come to the workplace for training
or other activities organized by the employer so as not to lose contact with trends in their field of work, as well as contact with colleagues. Use the so-called KIT or SPLIT days
an optional right of an employee, not an obligation. For the period of their drawing
then the parental allowance is not reduced.
Part-time or alternative parental leave also works normally
in France or the Netherlands, whereas in the Netherlands [14] is it possible for you to be both an employee,
thus, the employee took an additional three months of unpaid leave in connection with the care of the child, which is provided by agreement either in one piece or alternately after days or weeks. According to them
according to one's own schedule, leave can be taken up to the child's 8th birthday, so it does not need to be immediately connected to maternity leave.
How to view the non-standard use of parental leave in the Czech legal system
In the Czech Republic, alternative working time after the completion of one year of age [15]
welcomed by almost a third of the women interviewed, a full 8% [16] of which she would prefer to return to work
in a flexible form already after the child reaches six months of age. At the same time, our legislation also offers possible solutions. Parental leave applies according to § 196 of Act No. 262/2006 Coll., Labor Code,
as amended (hereinafter referred to as the "Labour Code"), to the child's mother after the end of maternity leave
leave and the father of the child since the birth of the child. This statutory start of parental leave
however, a priori it does not mean that this is the moment from which the employee must take parental leave. The basic principle of taking parental leave
is that each parent determines the use of parental leave by himself. The employer is obliged
parental leave to the extent that the employee requests it,
provide. Both parents can take parental leave at the same time, but this solution is
disadvantageous from an economic point of view, and therefore it will not occur very often in practice. After
during parental leave, the employee is not entitled to a salary or
wage compensation (it is not about the performance of work from the point of view of entitlement to wages and it is not about an obstacle to work either, for
to which the wage compensation would belong). The only income is the parent who draws parental leave
vacation and does not actually work during it, only parental allowance, which hardly covers the costs of running the whole family (parental allowance can only be drawn by one of both parents at a time).
According to Czech legislation, parental leave does not have to be taken by an employee or
employee continuously. On the contrary, it is possible to ask the employer for repeated provision
parental leave up to 3 years of age of the child in various lengths of time. Employer
then he always has the obligation to enable the taking of such work leave.
The use of parental leave after shorter periods is therefore not in any way regulated by the Labor Code
limited. If an employee interrupts the use of parental leave and subsequently decides to take parental leave again, they can apply for the use of another part
parental leave, but no longer than until the child reaches the age of three. After the end of the parental leave taken by the employee, the employer is obliged to allocate it
work according to the type of work agreed in the employment contract, regardless of the number of times
returns to work from parental leave (in case of intermittent parental leave). However, employees about the possibility of taking parental leave intermittently (or other than
in the classic way - once in total for a period of time that the employer will notify in advance) they do not have
often awareness. The reason may be the fact that there is still a well-established model of a woman taking care of a child
indeed up to three years of his age or a real existing practical problem of small capacity
preschool facilities in some regions, which often makes it impossible to place a child in kindergarten before the age of four. At the same time, a certain solution can be a combined or rather alternating use of parental leave by both father and mother in such a way that they take turns taking care of the child in certain sections, which would simultaneously enable the mother to return to work, even if not full-time.
working hours.
Such a model naturally places increased demands on the employer, who must respond
not for the complete absence of an employee for a period of typically three years, but only for
partial outage corresponding to reduced working hours. It's certainly easier to cast
a temporarily vacant position by a full-time employee for a period of one to three
years continuously, rather than devising a special part-time model supplementing the work involvement of the parent in the work process. However, as stated above, the employer has an obligation
provide parental leave to the employee to the extent that
they will ask, and it is up to him how he responds to that in terms of solving the manpower shortage.
As the legal regulation regarding the method and length of taking parental leave is relatively comprehensive
bites [17], one can imagine its use, for example, in the form where the employee alternately returns to work after a month and then back again on parental leave, thus taking turns in caring for the child with the child's father, who also takes parental leave after a month in his job. As part of the consideration of
concrete forms of a flexible way of taking parental leave, we could go
even so far that the employee can apply for a drawdown in the scope
only a few days each week, while the rest of the week they would go to work (e.g.
three days a week parental leave would be taken by the child's mother at her job and two days
within the scope of his employment then the father). This method of taking parental leave will
place particularly high demands on the employer's organizational coverage of the missing workforce. Therefore, it is advisable to tie such a request to a longer period of time, so that
could the employer respond in an appropriate personnel manner. In the resulting form, the employer would choose the days of the week when his or her employee will draw
parental leave, could negotiate a similar employment relationship with another employee
shared workplace. With this adjustment, both parents would be able to continue their careers and
at the same time, the participation of both mother and father in the upbringing of the offspring would be ensured. Last but not least is
it should be noted that for many employers this is how parental leave is taken
a more suitable alternative than providing a home office, which is currently a trend, but a completely different institution. It is necessary to emphasize the stark difference between taking parental leave and using the possibility of working from another location. While in a home office the employee performs work for the employer (albeit from home), then in the case of days when
took parental leave, this is work leave due to an obstacle to work on the part of the employee.
Parental leave of female and male employees in a service relationship
Not even an adjustment in the civil service from above [18] does not prevent the mentioned trends in any way. National
an employee can ask the service authority to take parental leave
repeatedly and in shorter periods of time. Pursuant to § 63 of Act No. 234/2014 Coll., on civil service, as amended (hereinafter referred to as "ZSS"), civil servants are excluded from the performance of their duties due to taking parental leave. This is a change
employment relationship [§ 44 letter j) ZSS], which, however, is not subject to the official approval process
authority, but only to the formal decision of the service authority on inclusion outside the performance of the service
due to taking parental leave. Both changes to the employment relationship are subject to a decision
of a service authority in the regime of the provisions of § 159 paragraph 1 letter e) ZSS. After the reason for changing the employment relationship ceases to exist, the civil servant will be assigned to perform service at
their original place of employment. Parental leave of a civil servant or civil servant
According to § 121, paragraph 1 of the ZSS, employees are governed by the provisions of § 195 to § 198 of the Labor Code. Therefore i
in the case of considering whether civil servants can draw parental leave
holiday in shorter periods of time repeatedly, or in another flexible way which
was mentioned above, it must be considered that this option is given here and the service authority has no right
refuse such a request.
Concerns about drawing parental allowance
The consideration of the choice of flexible parental leave may be influenced by a possible concern,
whether this will affect the right to receive parental allowance. According to § 30 of Act No. 117/1995
Coll., on state social support, as amended, belongs to the parent who takes care of the child personally, full-time and properly throughout the entire calendar month. The total claim amounts to CZK 220 and can be drawn
up to 4 years of age of the child. The gainful activity of an employee is not entitled to
receipt of parental allowance direct effect. The only condition for maintaining the right at
the involvement of the person (one of the parents) drawing it in the work process is a proper guarantee
all-day childcare by another adult. The parent can therefore improve their social situation
income from self-employment or dependent work, either at your original location
workplace or within another employment relationship [19] and at the same time continue to draw
parental allowance. The condition is that he ensures the care of the child by another adult for the duration of his gainful activity. In the case of the above-mentioned model, this can be "alternating" parental leave
e.g. the other parent. Another option is to provide care for the child by attending a preschool, while this attendance is to maintain the right to parental allowance for a child under the age of two
age limited to 46 hours per month. If the child reaches two years of age, the specified limit is waived.
Finally
Approaches from abroad show that for the level of employment, the labor force of women - mothers
advantageous. On the other hand, the involvement of men in family life is equally desirable. Foreign
the labor market does not thereby lose a promising workforce in productive age,
because only a minimum of women choose long-term and continuous parental leave.
The foreign trend is mainly alternate forms of taking parental leave, partial
duties, and support in the form of guaranteeing a place for children in kindergartens. This does not happen
to sever the parent from the child, but at the same time not to subjugate the working career and gainful employment
possibilities for family life. As can be seen from the above, even Czech legislation does not prevent it
for parents to choose more flexible parental leave models that allow more
women's involvement in working life as early as the age of three. Due to the limited
beyond the scope of this article we cannot address possible related practical issues such as
e.g. application of the prohibition of termination by the employer pursuant to § 53 paragraph 1 letter d) the Labor Code
in a situation where the employee would only take parental leave for part of the calendar week and would go to work for the other part.
Source: Magazine epravo 3/2017
The team of the Vych & Partners, s.r.o. law office
[1] www.genderstudies.cz/download/Sekundarni%20analyza%20zprava%20final_format.pdf a www.czso.cz/documents/10180/20556865/300002155507.pdf/c782ac5e-10a7-4422-9bf4-1046678df7dc?version=1.0
[2] European Commission; Employment, Social Affairs and Social Inclusion; Your Social Security Rights, 2012 and beyond https://ec.europa.eu/eures/public/language-selection
[3] Maternity leave or parental time, Experiences of seven Czech mothers who work and raise their children in other EU countries, Jonášová Kateřina, Frýdlová Pavla, Svobodová Lucie, Gender Studies ops in 2012.
[4] http://www.mpsv.cz/cs/5917
[5] If in the Czech Republic an employee caring for a child under the age of 15 requests shorter working hours or another appropriate adjustment of the set weekly working hours, then the employer is obliged to comply with this request according to Section 241, paragraph 2 of the Labor Code. The law does state that he can refuse only if serious operational reasons prevent him from doing so. However, the legislative definition of this term is absent in the Czech legislation, which can cause employers to arbitrarily reject requests for adjustment of working hours and complicated enforcement of this right by the employee-parent (not all of them dare to enter into an open conflict with the employer in this position). …
[6] Documents of the Ministry of Internal Affairs and Communications to compare MD and RD in EU member states; further perhaps http://www.personalista.com/trh-prace/materska-a-rodicovska-dovolena-jsou-v-cesku-delsi-nez-jinde-v-evrope-najdou-vsak-po-dlouhe-pracovni-pauze-zeny-praci.html
[7] The groups have a maximum of 5 children per teacher.
[8] Maternity leave or parental time, Experiences of seven Czech mothers who work and raise their children in other EU countries, Jonášová Kateřina, Frýdlová Pavla, Svobodová Lucie, Gender Studies ops in 2012.
[9] http://www.familien-wegweiser.de/wegweiser/stichwortverzeichnis,did=40002.html
[10] Christian Democratic Union. Ursula von der Leyen has been Minister of Defense since 2013. In the years 2005–2009, she was the Federal Minister for Family, Senior Citizens, Women and Youth in the first government of Angela Merkel, and in the years 2009–2013, she was the Federal Minister of Labor and Social Affairs in the second government of Angela Merkel.
[11] http://www.familien-wegweiser.de/wegweiser/stichwortverzeichnis,did=40002.html
[12] https://www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/keeping-in-touch-days/
[13] Shared-parental-in-touch days.
[14] Maternity leave or parental time, Experiences of seven Czech mothers who work and raise their children in other EU countries, Jonášová Kateřina, Frýdlová Pavla, Svobodová Lucie, Gender Studies ops in 2012. or further also https://ec.europa.eu/eures/main.jsp?catId=8446&acro=living&mode=text&recordLang=en&lang=en&parentId=7789&countryId=NL®ionId=
[15] Eurostat Research, 2010.
[16] Ibid.
[17] The basic rule giving instructions on how to take parental leave is governed by § 196 of the Labor Code. According to this provision, the employer is obliged to provide the employee with parental leave at their request in order to deepen the care of the child. Parental leave belongs to the mother of the child after the end of maternity leave and to the father from the birth of the child, to the extent that they request, but no longer than until the child reaches the age of 3.
[18] Act No. 234/2014 Coll., on the civil service, as amended, and Opinion of the section for the civil service on the legal status of female employees on maternity leave and employees on parental leave in relation to Act No. 234/2014 Coll., on civil service available at www.mvcr.cz
[19] It should be noted that if a different employment relationship or an employment agreement is concluded with the same employer, the prohibition of negotiating the same type of work with one employer with one employee must be observed according to Section 34b, paragraph 2 of the Labor Code. Other work, i.e. defined in a different way, can be performed by the employee for the same employer in another employment relationship or relationship established by an agreement on work activities.
