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Use of childcare leave

Within the framework of the 36-month childcare leave, 1 month is allocated exclusively for the other parent, e.g. the mother is on leave for 35 months and the father is on leave for 1 month or vice versa. This right may not be transferred to the other parent or guardian of the child. Thus, if one parent or guardian uses the entitlement, the leave can last a maximum of 35 months.

A parent may use the full 36 months of childcare leave if:

  • the child’s other parent is deceased,
  • the child’s other parent has no parental responsibility,
  • the child’s other parent has been deprived of parental responsibility, or that responsibility has been limited or suspended.

Children’s parents or guardians may, at the same time, benefit from childcare leave throughout the period of leave, provided that the total duration of such leave may not exceed the maximum amount provided for in the Labour Code.

Childcare leave is granted in no more than 5 parts. The number of parts of leave is determined on the basis of the number of leave requests as submitted.

Childcare leave is granted for a period no longer than until the end of the calendar year in which the child reaches the age of 6 years or, in the case of childcare leave for the care of a child with disabilities, until the child reaches the age of 18.

The employee may resign from childcare leave:

  • at any time – with the consent of the employer,
  • after notifying the employer in advance – no later than 30 days before the date of intended commencement of work.

Childcare leave request

Childcare leave shall be granted upon request submitted in paper or electronic form by the employee no less than 21 days prior to the commencement of the leave. The employer is obliged to grant the employee’s request. If the request is submitted without due time, the employer shall grant childcare leave no later than 21 days from the date on which the request was submitted.

The employee may withdraw a request for childcare leave no later than 7 days before the start of the leave by submitting a statement to this effect to the employer in paper or electronic form.

Translated with the support of the European Labour Authority

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