Sickness, pregnancy or probationary leave

JUDr. Ondřej Preuss, Ph.D.
30. November 2024
8 minutes of reading
8 minutes of reading
Labour law

The probationary period is the time when the employer checks whether the person is really suitable for the position and when the employee finds out whether the position is really suitable for him/her. However, certain circumstances can interfere with it. So how does this work in the event of illness, pregnancy or leave? The answer can be found in this article.

Žena za počítačem má rýmu

A probationary period can mean months of uncertainty and worry about losing your position. But sometimes you don’t choose and you can get sick during your probationary period, and what if you need to take a day off for an emergency?

What is a probationary period for

A probationary period usually accompanies your start in a new job. It serves as protection for both parties in the working relationship – the employee and the employer. The employee in the sense that he or she can give notice during this period without running out of time. It protects the employer in that it can give notice to its new employee at any time without having to give a reason.

The probationary period is not legally obligatory, but if the employer requires it, then it must follow certain rules. First of all, it is limited to a maximum of 3 months or 6 months for managerial positions. If it is a fixed-term employment relationship, then the probationary period cannot be longer than half of the total duration of the employment relationship (the maximum length of 3 or 6 months still applies). The probationary period may not be extended except in the event of absence from work, for example due to illness or leave.

Tip na článek

Tip: Read more about how the trial period works in our article.

Diseases in the trial period

If an employee falls ill during the probationary period, the probationary period shall be extended by the time not worked. To illustrate an example from practice. An employee starts work on 1 March and a three-month probationary period is agreed in writing. In April, the employee falls ill for a month. This causes the probationary period to end on 1 July, not 1 June.

Therefore, when an employee is unable to work, the employer may not terminate the probationary employment during the first 14 calendar days of illness. However, on the 15th calendar day, the employer may already send you a termination notice.

Both parties can give notice of termination of employment during the probationary period, without any reason. Thus, it can be very difficult to defend. However, should the employer terminate it within the first 14 days of sickness, the employee must first notify the employer without undue delay that he insists on continuing to employ him, in which case the employment continues.

If, despite the employee’s notification, the employer continues to insist that termination is justified, it will be up to the employee to take legal action.

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Sick leave during probationary period

If an employee falls ill, he/she will receive wage compensation from the employer in the amount of average earnings until the 14th day of illness. From the 15th day, the employee will be paid sick pay from the Czech Social Security Administration.

Termination of employment during the probationary period and subsequent sick leave

If you quit your job, you are subject to a cooling-off period. This is designed to protect you from an unexpected event in the form of temporary incapacity for work arising after your employment has ended. The protection period is set at 7 calendar days from the date of termination. If the employment lasted for a shorter period, the length of the protection period corresponds to the length of the employment. This period shall apply even if the termination of the employment relationship occurred during the probationary period.

However, the protection period only applies if your employment gave rise to sickness insurance. This includes a regular job with a minimum monthly income of CZK 4,000 (CZK 4,500 from 2025) and a work contract with an income of more than CZK 10,000 (CZK 11,500 from 2025).

Pregnancy during the probationary period

Pregnancy can also interfere with the probationary period, which is unlikely to please your employer. However, can they give you notice based on this finding?

First of all, you are not obliged to notify your employer of this fact. You can therefore keep this news to yourself until your probationary period is over. Once your probationary period is over, your employer cannot dismiss you. This is because you are subject to a protection period that runs throughout your pregnancy and then during your maternity and parental leave.

Tip na článek

Read more about the protection period and the protection period in our next article.

However, if your employer does not know about your pregnancy, the measures to protect pregnant employees do not apply to you. They can still ask you to work overtime or at night.

But what if you tell your employer about your pregnancy during your probationary period? Can he or she give you notice in this case?

Your employer cannot dismiss you because of your pregnancy, as this would be discrimination. Realistically, however, he can dismiss you for other reasons or without giving a reason, even if his real motivation is to get rid of the pregnant employee.

Tip na článek

If you believe you have been dismissed because of your pregnancy, you can defend yourself. This is discrimination, which is prohibited. Enlist the help of an Affordable Care Act attorney and file a lawsuit against your employer. We will conduct a careful analysis of your case and then take care of preparing a pre-suit notice, a lawsuit, an appeal, or straight up representation in court to vigorously enforce your rights.

Leave during probationary period

What the Labour Code says

Probationary leave is not customary; the primary purpose of the probationary period is for the employee and the employer to get to know each other. It is therefore not very common for an employee to take leave during the first 3 months in a new job. However, the Labour Code does not restrict the taking of leave in this way and does not lay down any rules other than those applicable outside the probationary period. However, the probationary period is also extended by a full day’s leave. Entitlement to leave, however, does not arise until a certain period of time has been served.

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Tip: Find out when and how you can take your holidays.

By law, you are entitled to paid leave after you have worked 21 days, which often means you are entitled to leave during your probationary period. Specifically, if you are employed full-time at the standard 40 hours per week, you are entitled to 1.5 days’ holiday after working 21 days if your employer provides the minimum statutory holiday of 4 weeks. If the employer provides 5 weeks’ holiday, then you get 2 days’ holiday.

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Tip: Read more about when you are entitled to holiday.

How does unpaid leave work?

If your employer doesn’t agree to paid leave, you can still try to arrange unpaid leave. You can either take this by agreement with your employer or there are cases where you are legally entitled to it. Specifically, this could be a situation where you need to take your grandmother to the doctor or move house. In some cases, your employer must also reimburse you for these days off.

Tip na článek

Tip: Read our article on when you are entitled to paid time off.

If you only take unpaid leave on the basis of an agreement with your employer, then you need to make sure you have health insurance, as your employer does not pay for it while you are on leave.

What if you have already planned your leave before you start your new job?

If you have already planned and paid for your leave before you start your new job, it is up to your employer and your agreement whether to accommodate you. It is possible to take paid leave before you are officially entitled to it.

The Labour Code addresses this issue by stating that an employer may give leave to an employee even though he or she has not met the conditions for entitlement to paid leave, provided that the employee meets the conditions for entitlement to leave by the end of the calendar year or employment.

Tip na článek

Tip: If you receive notice, it pays to know when you are entitled to severance pay.

If the employment relationship is terminated before the conditions for leave are met, then you will have your holiday pay deducted from your wages or, if your wages are not high enough, you will incur a debt which you will have to pay to your former employer.

Ultimately, it is up to the employer whether or not to allow the employee to take leave during the probationary period. However, with so few days worked, it is highly unlikely that an employer will allow an employee to take leave during the probationary period without prior agreement. It is therefore best to agree the planned leave with the employer before starting work.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

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.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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