Paternity doesn’t have to be just for (biological) fathers
Paternity leave is a leave of absence during which the father receives a sickness insurance benefit equal to 70% of the daily assessment base. It is a sickness insurance benefit. The father of the child is entitled to 14 calendar days of leave within six weeks of the birth. This is, of course, voluntary leave which the father does not have to take if he does not want to.
Interestingly, a man who is listed on the birth certificate as the child’s father is entitled to this leave, for example because he is the mother’s husband. This is the case even if he has been living with another woman for a year and the child’s mother with another man, and the legal husband has not claimed the child. The biological father is therefore not necessarily the father.
Similarly, a man who has begun to care for a child under the age of seven in the context of foster care (i.e. foster or adoptive care) is also entitled to paternity leave.
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Paternity leave (and sometimes even “maternity leave for fathers”) is sometimes mentioned by husbands, for example when they are considering swapping wives after a year of caring for a young child. But this is a misuse of terms. The correct term in this case is parental leave, which can be used quite freely by both the father and the mother.
When are you entitled to paternity pay?
As we said above, this is a sickness insurance benefit. As with other benefits of this type, entitlement is based on participation in sickness insurance. It can also be taken by self-employed workers who have paid sickness insurance for at least 3 months preceding the date on which they start receiving paternity pay.
Another essential condition is that you, as the father , start paternity leave no later than six weeks after the birth of the child (or after taking custody of the child ). It is therefore not possible to recall paternity leave for a one-year-old child. On the other hand, it is entirely up to you whether you take your leave immediately after you return from the hospital or at the end of your sixth week. The physical and medical condition of your partner and the newborn baby will probably play an important role in your decision.
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In this context, it is important to mention a change that has been in force since January 2022. If a newborn child is hospitalised after birth, the period for taking paternity leave is automatically extended by the period of this hospitalisation. This means that the father does not have to take the benefit within six weeks of the birth, but can keep it until after the child is discharged from hospital. For example, if the child is hospitalised for four weeks, the father is still entitled to draw the full 14 calendar days of paternity pay in the weeks after the hospitalisation ends. The adjustment is thus more in line with the purpose of paternity pay, i.e. to help the mother care for the newborn while the child is actually at home.
Fathers can apply through their employer, who then delivers the application to the relevant district social security office (OSSZ), which self-employed persons then contact directly.
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What excludes entitlement to paternity leave?
You are not entitled to paternity leave if you do not meet the sickness insurance conditions listed above. You can think of various situations where the state supports men and potential fathers in some way and pays for their health insurance, for example, whether they are university students or men registered with the Job Centre. However, the conditions for paternity leave will not be met in these cases and there is no entitlement to it. The same applies to employees with a monthly income of less than CZK 10 000.
What are you entitled to during paternity leave?
You are entitled to 70% of the reduced assessment base under this post-natal care. This is based on your income for the last year before you started paternity leave. As with ordinary sick pay, income is then reduced using three reduction thresholds.
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Tip: Vacation, illness or holiday. These quite different situations for employees have one thing in common: they may give rise to a claim for wage replacement. We will explain under what conditions this happens and how much wages are compensated in our separate article.
Summary
Paternity leave is a sickness insurance benefit to which the father of a child on a birth certificate or a man who has taken custody of a child under the age of seven is entitled. It can be taken for 14 calendar days and usually within six weeks of the child’s birth, which is extended by the period of any hospitalisation of the newborn. During paternity leave, the father receives a benefit equal to 70 % of the daily assessment base. Self-employed workers are also entitled if they have paid their sickness insurance at least three months in advance. The paternity benefit is voluntary and provides the opportunity to take an active part in the care of the newborn child in its early days at home.
Frequently Asked Questions
What is paternity leave and who is entitled to it?
Paternity leave is a short-term leave of absence for the father (or surrogate parent) during which he receives a sickness insurance benefit called paternity aftercare benefit. As a rule, a man who is registered as the father on the child’s birth certificate or who has been entrusted with foster care (adoption, foster care) for a child up to the age of 7 is entitled. Participation in sickness insurance is a condition – typically an employee or self-employed person who pays sickness insurance.
What is the length of paternity leave and when do I have to take it?
Paternity leave – the length is currently 14 calendar days and must be taken in one piece and cannot be split into several parts. The father chooses his own start date, but it must fall within a period of 6 weeks from the birth of the child (or from the child’s taking into care). If the mother or the child is hospitalised after the birth, the period for taking paternity leave is extended by the period of hospitalisation, but the duration of paternity leave itself remains 14 days.
What is the difference between paternity leave and parental leave for fathers?
Paternity leave is a short, time-limited sickness insurance benefit (14 days) that the father can take shortly after giving birth. Parental leave for fathers, on the other hand, is a long-term leave of absence that can be taken by both the father and the mother, usually after the end of maternity or paternity leave. During parental leave, sick pay is not paid, but parental allowance from another benefit scheme. Thus, paternity leave serves more as a “starting boost” immediately after giving birth, while parental leave for the father allows him to take active care of the child for a long time.
Can a father combine paternity leave and parental leave for his father?
Yes. The most common scenario is that the father first takes 14 days of paternity leave and then agrees with the mother to share custody under the father’s parental leave. Parental leave can be taken alternately or even concurrently (if their employers and family situation allow it), but it is important to keep an eye on the conditions for parental allowance – it is linked to the child itself, not the number of parents on parental leave. In practice, this means that the father can take part of the parental leave later, for example when the mother returns to work.
How is paternity leave paid and how does it compare to parental leave for fathers?
During paternity leave, the father receives 70% of the reduced daily assessment base, which is the sickness insurance benefit calculated on his previous earnings. Parental leave for the father is no longer a sickness benefit but a parental allowance, which has a fixed overall ceiling and whose monthly amount depends on the length of time taken and the parent’s income. While paternity leave is a short, intensive support immediately after giving birth, parental leave for fathers is a tool to reconcile work and childcare in the long term.