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2 September 2021

Extension of paternity leave

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Source: Weinhold Legal, Legal Update | August 2021

Implementation of work-life balance into Czech law

The Chamber of Deputies approved an amendment to Act No. 187/2006 Coll., On Sickness Insurance, as amended. The amendment will now be dealt with by the Senate. This is a proposal from a group of Members responding to Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on the work-life balance of parents and carers and repealing Council Directive 2010/18 / EU. The amendment regulates long-term nursing, nursing and benefits of paternal postpartum care.

One of the changes introduced by the amendment is the adjustment of the paternity postpartum care benefit (so-called "paternal"). It will be newly extended from 7 to 14 days. Another novelty is that the period of 6 weeks from the date of the child's birth or taking it into care, in which the paternity can be taken, can be extended by the days on which the child was hospitalized so that the child's father could make the most of the purpose of this benefit, namely child care. The rules for obtaining paternity remain the same. The applicant must be registered as the father of the child. Furthermore, such a person must participate in sickness insurance on the day of joining paternity, which is paid by the employer under social insurance (in the case of employment). For work performed outside the employment relationship, it is important to keep in mind that the employer pays for health insurance only when a certain earnings limit is exceeded (for an agreement on the performance of work it is CZK 10,000, for an agreement on work activities it is CZK 3,500). The right of self-employed persons to paternity benefits then arises if the father voluntarily paid sickness insurance 3 months before joining paternity.

The application for the paternity postpartum care benefit is submitted via a form of the Czech Social Security Administration. The benefit is paid retrospectively.

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