Duration of leave

An employee – a father raising a child is entitled to paternity leave of up to 2 weeks, but no longer than:

• until the child reaches the age of 12 months; or
• until 12 months have elapsed since the date on which the ruling on the adoption of a child takes effect, no longer, however, than until the child reaches the age of 14.

Paternity leave may be used on a one-off basis or in no more than 2 parts, neither of which may be shorter than one week.

Paternity leave is granted at the request of the employee-father submitted in paper or electronic form. The request must be submitted no later than 7 days before the beginning of the leave.

The employer shall allow the employee to work in his previous position after the end of the paternity leave, or, if this is not possible, in a position equivalent to that occupied before the beginning of the leave, on terms no less favourable than those that would have applied if the employee had not taken the leave.

Protection of employees using paternity leave

From the date the employee applies for paternity leave until the date the leave ends, the employer may not:

• prepare for the termination of the employment relationship with this employee, with or without notice,
• terminate the employment relationship with that employee, with or without notice.

Dismissal or termination of employment during this period is possible if it would be permissible to terminate the contract of employment without notice due to the employee’s fault (so-called disciplinary dismissal). The consent of the workplace trade union organisation is an additional condition for the termination of the employment contract. The aforementioned protection against dismissal takes effect 7 days before the start of paternity leave.

The contract of employment may be terminated with notice from the date of the request for paternity leave by the employee in the event of bankruptcy or liquidation of the employer. The date of contract termination must then be agreed by the employer with the trade union organisation.

It is up to the employer to prove that it is permissible to terminate the contract of employment without notice through the fault of the employee and that there is bankruptcy or liquidation of the employer.

Application of provisions on maternity leave

The relevant regulations concerning maternity leave apply to paternity leave in the following scopes:

• interruption of leave due to the hospitalisation of the child,
• counting the week as 7 calendar days.

Maternity allowance

The maternity allowance for the period of paternity leave is equal to 100% of the allowance basis.