Paternity leave - the Labour Code

On 1.12.2022, an amendment came into force that introduces paternity leave as an important personal obstacle to work on the part of the employee. So far, employees have been taking parental leave in this situation.

Paternity leave is one of the sickness insurance benefits and pertains to the father of a child in connection with the care of a newborn child in a length of 2 weeks (14 calendar days).

The starting date shall be determined by the employee as required within a period of 6 weeks from the date of birth of the child or the child being taken into care.

Now paternity leave is applicable even if the child was born dead or died within 6 weeks of birth if the onset of this paternity leave occurred within 6 weeks of the date of birth of the child. 

The terms of the claim are the same as before:

  • participation in father's sickness insurance at the time of taking up this benefit,
  • the father is entered in the birth certificate of the child 

In addition to fathers, an insured person (male or female) taking care of a child (instead of the care of the parents on the basis of a decision of the competent authority) may also be entitled to the paternity leave if the child has not reached the age of 7 on the date the child is taken into care