Maternity leave

According to the Law on Labor Relations, a woman worker during pregnancy, childbirth and parenthood has the right to a maternity paid leave for a period of nine continuous months, and if she gives birth to several children at once (twins, triplets and more), has a right of maternity paid leave of 15 months. The woman worker can start the leave for pregnancy, birth and parenthood 45 days before the birth, and mandatory 28 days before the birth. If the employee gives birth earlier than the term established by the law, she starts using the leave for pregnancy and childbirth from the day of the child’s birth until the expiration date provided by the law.

The total period of maternity paid leave, whether it is 9 months or 15 months due to the birth of several children at once, is composed of a mandatory part that the women worker must use according to the law and a part that can be used optionally according to the employee’s will.  The mandatory part of the leave due to pregnancy, birth and parenthood covers the period from 28 days before the birth to 45 days after the birth. The non-mandatory or optional part of maternity leave allows women workers to choose how long they want their leave to last, i.e. the worker can choose when within the period from 45 to 28 days before giving birth she will start using maternity leave and when, after the expiration of the legally determined part of the leave, i.e. after the 45th day after the birth, will stop the maternity paid leave  and will return to work.

According to the law, the woman worker is obliged to announce to the employer the time of the start of the use and the time of the end of the parental leave 30 days before the start.

The law equates the rights of a women worker who gave birth to a child with the rights of a woman worker who adopts a child. According to the law on Labor relations, a worker who adopts a child has the right to paid leave until the child is nine months old, and if she has adopted more children (two or more), she has a right of paid leave of 15 months.

Our legislation does not provide special provisions that regulate the rights of women entrepreneurs or managers in case of maternity leave, if they are not specifically regulated in the management agreement between the employer and the manager. Women entrepreneurs, i.e. women appointed to certain positions within the company, have the same rights to maternity leave as other women workers at the employer. The way of regulating or suspending the rights, obligations and responsibilities in case of maternity leave, which arise from the position to which the women entrepreneurs or managers are appointed, are regulated with the internal acts of the employer.

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