Shrnutí: Every employed parent is entitled to parental leave until the child is 3 years old (exceptionally 4 years old, if agreed with the employer). You can work or run a business during this time, but there are specific rules. This article clearly explains the current conditions, including entitlement, allowance and earnings.
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Parental leave starts as soon as your maternity leave ends, 28 weeks after your child is born. It follows on smoothly and can last for three or up to four years. Unlike maternity leave, both mothers and fathers can apply for parental leave and can take it in turns to care for the child.
In some cases, parental leave can follow immediately after the birth of the child if entitlement to maternity assistance has not arisen, for example for mothers who are self-employed and have not paid their sickness insurance. By law, the employer is obliged to grant parental leave until the child is 3 years old. If a parent wants to take parental leave until the child is 4 years old, they must agree this with their employer.
Entitlement to parental leave is regulated by the Labour Code.
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However, it is important to distinguish between entitlement to parental leave in the sense of time off work and entitlement to parental allowance. It is payable to a parent who personally cares for a child who is the youngest in the family for a whole calendar month, on a full-time basis and in a proper manner, until the total amount of CZK 350 000 is exhausted, but no later than until the child reaches the age of 4. In the case of multiple children, the maximum amount of the parental allowance is CZK 525 000.
The specific amount of the allowance per month depends on several circumstances, but primarily on how you set the total duration of the allowance. So, in certain circumstances, you can withdraw the whole amount in one year, but if you spread it over three years, you have a third of that amount per month. However, taking the full amount in one year does not mean that you have to go back to your original job afterwards. For example, you can start a business or get a job.
However, there is one more milestone that is important, and that is the child’s third birthday. This is when your employer’s obligations to you as an employee continue. First of all, to keep your job. If you decide to stay on parental leave longer, you may lose your job.
The conditions for parental allowance are laid down in the Act on State Social Support.
The parental allowance, paid during parental leave, is state support for parents caring for their youngest children. What are the conditions of this benefit? This is the focus of our article.
You must apply for parental leave (or parental allowance) at the employment office where you live. You have several options for applying:
The application must be accompanied by other relevant documents, including identity documents and proof of entitlement to benefits.
Checklist: What you need to apply
You can finda sample application for parental leave directly on the MLSA website.
For many families, the parental allowance alone is not enough to cover all their costs, and no wonder. With standard payments spread over three years, a caring parent receives CZK 9,722 a month.
For most people, this amount represents a dramatic drop in their standard of living compared to their previous income from employment. Moreover, at the same time as costs have risen significantly.
The solution may, of course, be to use savings, reduce the length of parental leave to one year, for example, or take advantage of the possibility of earning extra money during parental leave. Employees can work virtually unlimited hours during parental leave, both for their current employer and for a completely different one. However, there are differences.
Unlike maternity leave, you are allowed to return to your original job under your original contract of employment during the period of parental leave. However, this means that you de facto lose your parental leave and you are not even in the protection period that would protect you from dismissal.
Thus, employment within the same employer is usually dealt with by means of one of the agreements, i.e. a work activity agreement or a work performance agreement, under the conditions defined for them by the Labour Code.
The basic limitation for this type of cooperation lies in the type of work performed. You may not perform work for the same employer in a subsequent employment relationship that is of the same type as the work in the original employment contract. You can therefore only do different work.
If you sign an incorrectly set-up agreement, you may lose protection against dismissal. Have the agreement checked by an attorney before you sign it.
Example: Mrs Tereza worked as a lawyer in the office. She had a varied agenda which consisted of preparing litigation decisions, various legal opinions, etc. When, during her parental leave, she arranged with her employer to earn extra income on a work arrangement, it was not possible under current legislation for her to continue to prepare decisions as before. However, to their mutual satisfaction, they agreed to cooperate with the press department, for which she prepared information on important changes in legislation or key decisions of the authority for the regular newsletter.
If you work for another employer, you are no longer limited by the type of work. Of course, you don’t have to give notice in your current job, where the job is held.
The only essential condition is that you obtain written consent from your current employer. Such a restriction does not only apply to scientific, teaching, journalistic, literary and artistic activities. So if you want to give a lecture or write a book while you are a parent, you should not be prevented from taking off.
The only thing you need to ensure that you do not lose your parental allowance is proper supervision of your child. There is one more requirement, namely full-time care of the child. If the parent arranges for a nanny, day nursery or a babysitter, the condition for entitlement to parental allowance is considered to be maintained.
However, children under the age of two can spend a maximum of 92 hours per month in a nursery or kindergarten. From the age of two, whether a child attends a nursery or kindergarten is no longer monitored.
Your employer offers you an employment contract. Is it a good deal for them in particular or can it bring benefits to you too? In our article, we will also look at the possible alternatives and summarise how this type of contract is taxed. Another option is to conclude a work performance agreement. What to look out for when entering into one and what are its advantages? We have looked at both types of agreements in our articles.
There is no problem with a trade while on parental leave either. There is no restriction on its operation during this period. A parent who receives parental allowance and is also running a business can carry on her trade without any restrictions.
In this case, he or she is classified as self-employed (self-employed) for a secondary activity. During the first year of the business, there is no need to pay insurance contributions. In the following years, the insurance contributions are determined according to the amount of the tax base.
Even if you are self-employed, the above-mentioned full-time childcare requirement applies.
Client Jana worked as a marketing specialist. After going on parental leave, she asked her employer for an opportunity to earn extra money. The employer allowed her to return to work part-time on her original contract.
After a few months, however, her employer notified her of an organisational change and gave her notice. The client believed she was still “on parental leave” and protected.
The problem was that by returning to work under her original contract, her parental leave had been interrupted. This is because parental leave is a barrier to work – if the employee resumes work under their contract of employment, their leave is interrupted.
According to the Labour Code, the employer is obliged to grant parental leave at the employee’s request, up to a maximum of 3 years of age of the child. However, if the employee returns to work during this period, the parental leave is interrupted and the protection period against dismissal ends.
If you want to work while on parental leave, it is safer to work in the form of an agreement (FTE/PPP) or another type of work.
Parental leave usually starts after maternity leave ends (28 weeks after the child is born) and lasts up to three years, or four years if agreed with your employer. This entitlement is available to both parents, who can take turns caring for the child. The parental allowance is payable to the parent caring full-time for the youngest child in the family up to CZK 350 000 (CZK 525 000 for multiples). Parents can apply for the parental allowance using an online form, in person, by post, by email or by post. The application must be accompanied by the necessary documents.
Working while on parental leave is possible, but with certain restrictions. Employees can do other types of work for the same employer (e.g. on a work contract) or work for another employer if they obtain written consent. However, the condition for keeping the parental allowance is that full-time childcare is provided, and children up to two years old can spend a maximum of 92 hours per month in a nursery or kindergarten. There is no restriction on entrepreneurship during parental leave; the parent is classified as self-employed for secondary activities. During the first year of the business, the parent does not pay insurance contributions, after which the contributions are based on the tax base.
Yes, parents can take turns.
No, they must allow it until the child is 3 years old.
Yes, but it must not be the same type of work for the same employer.
The limit is 92 hours per month up to 2 years of age, after that no more.
Yes, it depends on the draw settings.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 15 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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