New rules for childcare leave

As of 1 October 2013 the Law of 26 July 2013 amending the act – the Labour Code comes into force. Among others, i.e. the rules for childcare leave were amended. As of the day of entry the act into force the childcare leave shall be granted in months and equals up to 36 months. What is more, the age of the child, whose parent or guardian may use the leave, was extended up to 5 years. A brand new idea is however, the exclusive right of each parent to one month of childcare leave, within those 36 months (does not apply if the other parent is dead, the child's other parent is not entitled to a custody of a child, or has been deprived of parental authority or the power was reduced or suspended). This right cannot be transferred on the other parent or guardian. A new idea is also a possibility to use the childcare leave in 5 parts the most, not in 4 as it used to be. It stay unchanged that this leave is granted to an employee who has been employed for at least 6 months.

The legislature has also introduced the necessary provision that the limitation period for claims for annual leave does not start, and started shall be suspended, for the duration of a childcare leave. This provisions is utmost important in the situation of using the maximum childcare leave, that is 36 months, as according to the general rule that the employment claims terminates after 3 years, in the situation when the annual leave was not used in a whole – it was lost and couldn’t be used once the employee returned to work. Now the annual leave not used in the year when the childcare leave begins, may be used after a return to work.