In the 21st century, childcare is no longer just the domain of mothers. Even many new fathers have already delved into the ins and outs of disposable nappy sizes and baby food brands. The state is also trying to strengthen their role by offering parental and paternity leave. We now focus primarily on the latter. What is the difference between the two and who is entitled to paternity leave?
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.
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.
Tip: Parental leave can bring you not only the joy of caring for your child, but perhaps paradoxically, also opportunities for professional growth. When does your entitlement to parental leave start and how long does it last? How can it be combined with a job or trade? That’s what we look at in our article.
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 a 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.
Tip: Are you confused about how to apply for paternity pay and what amount will land in your account? Not surprisingly, you don’t usually apply for it that often in your lifetime. Luckily, you don’t have to remember anything, because we’ve put together a clear guide and procedure on how to apply for paternity pay.
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.
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.
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 which conditions this happens and how much wages are compensated in our separate article.
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 seven years of age 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.
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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 10 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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