Sickness, pregnancy or probationary leave

Sickness, pregnancy and leave do not in themselves interrupt the probationary period, but they may affect its running or the possibility of terminating the employment relationship. Below you will find a practical overview of what is current and what is no longer valid.

What is the purpose of the probationary period

The probationary period serves both parties. During the probationary period, the employer checks whether the employee can do the job and is suitable for the position. The employee, on the other hand, tests whether the work, the team and the conditions suit him. The probationary period is not compulsory, but if it is to apply, it must be agreed in writing, at the latest on the day the employment relationship begins.

As of 1 June 2025, the maximum length of the probationary period has been extended from 3 to 4 months and from 6 to 8 months for managers. It can now also be extended in writing during the probationary period by agreement between the employee and the employer, but still within the legal limits. In the case of fixed-term employment, the probationary period may not exceed half of the agreed duration of the employment relationship.

It is also important to use the correct term: during the probationary period, the employment relationship is generally not terminated by notice, but by termination during the probationary period. This is a different legal institution than the classic termination of employment.

Sickness in the trial period

If an employee falls ill during the probationary period, the probationary period shall be extended by those working days on which the employee did not work a full shift due to temporary incapacity for work. It is therefore not extended by calendar days or automatically by weekends or holidays without a shift. This is an important change from older articles that often worked with calendar days.

A typical example from practice: an employee starts on March 1 with a four-month probationary period and misses 8 of his shifts during April due to illness. His probationary period is not extended by a whole month, but by those 8 working days. In practice, therefore, it always depends on the particular shift schedule.

Can an employer terminate an employment relationship during sickness

Yes, but not immediately. An employer may not terminate a probationary employment relationship during the first 14 calendar days of an employee’s temporary incapacity for work or quarantine. From the 15th day onwards, this bar no longer applies and the employment relationship may be terminated during the probationary period.

Should the employer terminate the employment relationship during the probationary period in breach of this prohibition, the employee may defend himself in a similar way to any other invalid termination of the employment relationship. In practice, this means notifying the employer without undue delay that he or she insists on continued employment and, if necessary, bringing an action in court within the time limit set by the Labour Code.

Sick leave during the probationary period and after leaving work

If an employee falls ill while still in employment, he or she is entitled to wage compensation from the employer during the initial part of the sickness absence and then to sickness benefits from sickness insurance, provided the statutory conditions are met. The probationary period itself does not change this principle.

If the employment relationship ends during the probationary period and the employee falls ill afterwards, the protection period may apply. This is normally 7 calendar days from the date of termination of sickness insurance; however, if the employment lasted for a shorter period, the protection period is only as long as the duration of the insurance. This applies even if the employment relationship ended during the probationary period.

However, the employment must have been employment which gave rise to sickness insurance. For the DPP, the threshold for 2026 is at least CZK 12,000 per month. For texts from 2024 or 2025, these amounts are therefore out of date.

Pregnancy during the probationary period

A pregnant employee is not obliged to notify her employer of her pregnancy immediately. However, an important point applies in terms of protection during pregnancy: the prohibition on termination during the protection period applies to dismissal, not automatically to termination during the probationary period. In other words, pregnancy alone does not prevent the employer from terminating the employment relationship during the probationary period.

However, this does not mean that the employer can base the termination on the pregnancy per se. If the pregnancy were the real reason, there could be discrimination. In practice, however, this is often difficult to prove, as the reason is usually not given when terminating a probationary employment relationship. Thus, in law, there is a double standard: termination during the probationary period is possible, but a discriminatory motive is not admissible.

At the same time, it is true that if the employer is unaware of the pregnancy, he will not normally be able to take the special protection of the pregnant employee into account when assigning work. Once it becomes aware of the pregnancy, it must respect the restrictions and prohibitions on work that apply to pregnant employees.

Leave during probationary period

The Labour Code does not prohibit taking leave during the probationary period. In practice, however, it is less common because the employee is in the new position for a short period of time and the entitlement to leave is built up gradually. If the employee takes leave during the probationary period, the probationary period is again extended by the working days on which he or she did not work a full shift due to leave.

Today, leave works differently than it used to. In the case of an employment relationship, the right to a pro rata share of leave arises if the employment relationship with the same employer lasts continuously for at least 4 weeks and the employee works a fixed number of weekly working hours during that period. Special rules apply to agreements.

What if your leave was agreed before you started

In practice, it is often the case that an employee has paid leave before signing an employment contract. This depends mainly on the agreement with the employer. It is also legally possible to take leave before “full accrual” if the employer assumes that the employee will meet the conditions by the end of the year or by the end of the employment relationship. However, if the employment relationship ends earlier and the entitlement does not accrue to the extent required, the overtaken leave may be compensated.

What about unpaid leave

Unpaid leave is not the same as holiday. It is not usually an automatic legal entitlement and depends on the agreement of the employer, unless the law provides otherwise in a particular situation. Unpaid leave can also open up health insurance and other levy issues, so it’s always a good idea to address the terms in advance.

Summary

The probationary period in 2026 is longer than before: up to 4 months as standard, and up to 8 months for senior employees. It is extended by working days where the employee has not worked a full shift due to sickness, holiday or other impediment. In the event of sickness, the employer may not terminate the probationary employment during the first 14 calendar days of sickness. Pregnancy alone does not prevent termination of probationary employment, although pregnancy discrimination is of course prohibited. Leave may be taken during the probationary period, but it also extends the probationary period.