Shrnutí: An employer is required to rehire a mother upon her return from parental leave in accordance with her employment contract. However, it often happens that the position is filled by someone else. What rights do returning employees have? Can they be terminated after parental leave ends? Can they request severance pay? In this article, we’ll answer the most important questions about returning to work after parental leave.
Have you been terminated after parental leave, or is your employer offering you a settlement agreement? Have us verify whether you’re missing out on severance pay or wage compensation. We’ll review all documents and recommend the next steps.
During pregnancy and while on maternity, paternity, or parental leave, employees are subject to special protection against termination. However, this protection is not absolute. The law allows for several exceptions, typically in the event of the employer’s dissolution or the dissolution of a part of the employer’s business, or in the event of relocation.
Another exception applies when it would be possible to immediately terminate an employee’s employment even during parental leave. For example, in the event of a final conviction for a specified intentional criminal offense or in the event of a particularly gross violation of work duties.
After parental leave ends, employees do not always return to work under exactly the same conditions. However , if they return before the child reaches the age of 2, the employer must assign them to their original job and workplace. Only if this is not possible, or if the employee returns later, will they be assigned in accordance with their employment contract.
Parental leave is granted to the mother until the child reaches the age of 3. If she wishes to stay home for a fourth year, she must make arrangements , such as taking unpaid leave.
However, if someone else is already in that position and the employer is unable to reassign the employee to the same position after parental leave, they may enter into an agreement to modify the terms of employment. It is, however, entirely up to the employee whether to agree to such changes. Naturally, the employer may not force the employee to change the terms of employment, such as by reducing working hours or changing the type of work.
Real-life example: After her parental leave ended, Ms. Vomáčková wanted to return to work, but her employer offered her a fixed-term employment contract. By accepting this contract—even though she was not required to do so—she forfeited her right to severance pay.
If the employer is unable to assign the employee work that corresponds to the employment contract, and the parties do not reach an agreement on modifying the terms of employment, a so-called obstacle to work on the employer’s part arises. The employer must then provide the employee with wage compensation equal to 100% of their average earnings until the end of the employment relationship or until the obstacle to work ceases to exist. This situation does not constitute a lawful ground for termination.
Don’t take any hasty steps that could cost you your severance pay. We’ll protect your rights and determine what you’re entitled to. We’ll help you resolve everything within two days, conveniently and online.
I want to know what I'm entitled to
In many cases, however, organizational changes occur—in such cases, the employee would either enter into a mutual termination agreement upon returning to work or be terminated due toredundancy. In short, an employer may terminate an employee’s employment only for reasons specified by law, with a notice period, and in some cases must provide the employee with severance pay—for example, due to organizational changes, redundancy, and other reasons.
Ms. Benešová contacted us shortly before returning from parental leave. Her employer informed her that her original position had already been filled by another employee and sent her a termination agreement to sign without stating a reason. At the same time, the employer implied that if she did not sign the agreement, there would be no work for her anyway.
First, we reviewed her employment contract, her internal communications with the employer, and the draft agreement. It turned out that the employer had not actually implemented any organizational changes; they simply wanted to retain the employee who had been filling in for Ms. Benešová during her parental leave. We therefore advised the client not to sign the agreement as proposed and drafted a written statement on her behalf in which she insisted on being assigned work in accordance with her employment contract.
This led to new negotiations with the employer. The employer ultimately agreed to terminate the employment relationship by mutual agreement, explicitly citing organizational reasons and providing financial compensation equivalent to severance pay. The client thus avoided a protracted dispute and, at the same time, did not forfeit any entitlements she would have lost by signing the original agreement.
We’ve also written an article about how much severance pay you can ask for.
Upon returning from parental leave, an employer may, due to organizational changes, not have work for the employee and may propose terminating the employment relationship by mutual agreement on the grounds of redundancy. If the employment relationship is indeed terminated for this reason, the employee is entitled to severance pay. It is advisable to explicitly state the reason in the agreement to make it easier to prove entitlement to severance pay. However, as of January 1, 2026, it will no longer be necessary to provide evidence of a serious reason for entering into the agreement in order to maintain the standard unemployment benefit rates. Also keep in mind that a termination agreement and a notice of termination are two distinct methods of ending an employment relationship.
Another example is when another employee with a permanent employment contract is already working in that position. In this case, the employer cannot terminate the employment relationship for organizational reasons, even though the employee is “redundant.” The reason is the absence of an organizational change. The termination would therefore be invalid, and the employee could sue the employer. A common solution is to terminate the employment relationship by mutual agreement, with the employer paying the employee a certain amount as severance pay.
Be cautious if the employer eliminates the position on the last day of parental leave or shortly after the employee returns to work. In such cases, it is advisable to examine in detail whether this is a deliberate measure and whether all the requirements for a legally valid termination of employment have been met. If they have not, it is possible to file a lawsuit in court to have the termination declared invalid.
We covered this topic in more detail in the article “Termination for Organizational Reasons.”
An employer may terminate an employee’s employment only for reasons specified in the Labor Code. The notice of termination must be delivered to the employee in writing; otherwise, it is invalid. The notice period is at least 2 months and begins on the date the notice is delivered and ends on the date with the same numerical designation. Therefore, if the notice of termination is delivered on January 1, the notice period begins on that day and, with a two-month notice period, ends on March 1.
During the notice period, the employer is obligated to assign work to the employee in accordance with the employment contract. If this is not possible, it constitutes an obstacle on the employer’s part, as discussed above, and the employee is therefore entitled to wage compensation equal to their average earnings.
These are situations where parents are in the so-called “protection period.” This applies, for example, when:
A notice of termination is also invalid in cases where it is served on a pregnant employee who is not yet aware of her pregnancy, but it is subsequently proven that she was already pregnant at the time of service.
If an employee no longer wishes to return to the same job—for example, because they found a better position during parental leave —they can reach an agreement with the employer to terminate the employment relationship by mutual consent (in which case they simply need to agree on the date the employment will end) or they can give notice of termination. The employee is in a much stronger position here, as they can give notice to the employer for any reason or even without giving a reason. They are therefore not subject to any restrictions. Their employment will end upon the expiration of the notice period, which is at least 2 months.
Keep in mind that the employment contract remains valid even if changes have occurred at the employer’s company. Therefore, always use it as a basis when negotiating the continuation of employment or the termination of the employment relationship after parental leave. Keep in mind that making concessions could cost you the substantial severance pay to which you are legally entitled. If you believe your termination after parental leave is unjustified, you can contact the Labor Inspectorate or reach out directly to Dostupný advokát for faster and more effective enforcement of your rights.
The employment contract serves as the basis. If an employee returns to work, the employer must assign work to them in accordance with the contract. If the employee returns before the child reaches the age of 2, the protection regarding a return to the original job and workplace is even stronger. If the employer does not have suitable work available, this may constitute an obstacle on the employer’s part, not a reason why the employee should remain at home without compensation or sign an unfavorable agreement.
Termination following parental leave is permitted only for statutory reasons. In cases of redundancy, it is necessary to examine whether an organizational change actually took place, whether the termination is properly justified, and whether the employee is entitled to severance pay. If the employment relationship ends by mutual agreement, the reason for termination should be explicitly stated, particularly when organizational reasons are involved.
In practice, the greatest risk comes from hasty signatures. Employees often sign an agreement, a contract amendment, or a new fixed-term contract believing they have no other option. However, this can deprive them of severance pay, back pay, and the opportunity to challenge an invalid termination of employment. Therefore, it pays to have documents reviewed before signing them.
Yes, your employment continues after parental leave. Your employer must assign you work in accordance with your employment contract or, if you return before the child turns 2, must comply with stricter rules regarding your return to your original job and workplace.
Yes, but only for a lawful reason and in writing. Typically, this involves redundancy, but it must be genuinely based on an organizational change.
No. The agreement is voluntary. If you sign it without stating a reason or without receiving compensation, you may forfeit your severance pay or other entitlements.
Yes, if the employment relationship ends, for example, for organizational reasons or due to redundancy. It depends on the specific reason for termination and the length of the employment relationship.
Ask for specific explanations and documentation. If this is not a genuine organizational change, the termination may not be valid, and you may be entitled to back pay.
You don’t have to accept it. Reducing your hours is a change to your employment terms and requires your consent.
As soon as possible. In the case of an invalid termination of employment, the statutory deadline for filing a lawsuit begins to run, and missing this deadline may result in the loss of the opportunity to defend yourself.
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
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.
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.
We’ll review your case and suggest how to resolve it for CZK 690.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
