ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Croatia - Maternity protection - 2009


LAST UPDATE

17 September 2009

SOURCES


Name of Act

Safety and Health Protection at the Workplace Act (Text No. 1183), dated 28 June 1996. Narodne Novine, 1996-07-17, No. 59, pp. 2732-2748.

Name of Act

Gender Equality Act (Text No. 1585), dated 14 July 2003. Narodne Novine, 2003-07-22, No. 116, pp. 4229-4232.

Name of Act

Act on Health Insurance (Zakon o zdravstvenom osiguranju) (Text No.1587) dated 30 October 2001. Official Gazette/Narodne Novine, No 94 from 2001, as amended up to Act No. 1774 (Official Gazette No 90/05 of 25 July 2005).

Name of Act

Act on compulsory health insurance (Zakon o obveznom zdravstvenom osiguranju). Official Gazette/Narodne Novine No 85/06, 105/06, 118/06, 77/07 and 111/07)

Name of Act

Act on the execution of the State Budget for 2007 (Article 19 paragraph 1 and 2)

Name of Act

Croatian Institute for Health Insurance

Name of Act

Labour Act of 1995. As amended to 21 September 2004 (Text No. 2415). Narodne Novine, 2004-10-01, No. 137, pp. 5852-5891

Name of Act

O PROGLAŠENJU ZAKONA O RODILJNIM I RODITELJSKIM POTPORAMA dated 9 July 2008.

Other source used

Croatia - Social Security Programs Throught the World: Europe, 2008. U.S. Social Security Administration. Office of Retirement and Disability Policy.

MATERNITY LEAVE


Scope

A female worker has the right to maternity leave during her pregnancy, childbirth and care for her child. After the expiry of mandatory maternity leave, if the parents so agree, the right to maternity leave can be exercised by the child’s father. If the mother dies, abandons the child or, if because of illness or for other important reasons she is unable to take care of the child, the father of the child may exercise all rights for the purpose of the protection of motherhood and child rearing under the Labour Act.
Labour Act §66(1) and (8)

Qualifying conditions

A worker who intends to exercise his or her right to maternity leave shall notify his or her employer of this intention as soon as possible, and not less than one month in advance.
Labour Act §76(1)

Duration


Compulsory leave

A female worker is obliged to take maternity leave in the period from 28 days before the childbirth until the child is six months of age (mandatory maternity leave). The right to mandatory maternity leave is to be exercised without interruptions. As an exception, a woman may, at her own request, begin to work before her child is 6 months old, but not before 42 days have elapsed since the childbirth.
Labour Act §66(5) and (6)

General total duration

45 days before the expected date of childbirth until the first birthday of the child.
Labour Act §66(2) and (3)
Historical data (year indicates year of data collection)
  • 2011: 45 days before the expected date of childbirth until the first birthday of the child.
  • 2004: Forty-five days before delivery and one year after
  • 1998: n.a.
  • 1994: n.a.

Extension

For twins, the third or any subsequent child, a female worker may remain on maternity leave until the child(ren) is (are) three years old. For premature children, the maternity leave is extended with the length of time that the child was born prematurely. If the child’s father exercises the right to maternity leave after the expiry of the mandatory maternity leave for a period not shorter than three months, the maternity leave is extended for two months.
Labour Act §66(4) and (7)-(9)

RELATED TYPES OF LEAVE


Parental leave


Scope

One of the parents.
Labour Act §70

Qualifying conditions

A worker who intends to exercise his or her right to suspension of the labour contract up to the third year of the life of his or her child shall notify his or her employer of this intention as soon as possible, and not less than one month in advance.
Labour Act §76(1)

Length

After the maternity leave has expired, one of the parents has the right not to work until the child has reached three years of age.
Labour Act §70

Paternity leave


Scope

During the calendar year, a worker has the right to be free from work obligations and receive salary compensation (paid leave) for a maximum of seven working days for important personal needs, for example childbirth.
Labour Act §57(1)

Length

A maximum of seven working days. For the purpose of acquiring rights arising from employment or related to employment, the periods of paid leave are considered as time spent at work.
Labour Act §57(1) and (4)

Adoption leave


Scope

The rights specified by the Labour Act for the purpose of the protection of motherhood and child rearing may be exercised, under the same conditions, by an adoptive parent or by a person in whose custody the child was placed in accordance with a decision issued by a body responsible for social welfare.
Labour Act §74(1)-(2)

Qualifying conditions

A worker who intends to exercise his or her right to adoption leave shall notify his or her employer of this intention as soon as possible, and not less than one month in advance.
Labour Act §76(1)

Length

Up to the child`s first birthday, or at least 270 days (provided the adopted child is under 12 years of age), whichever is longer.
Labour Act §74(1)-(3)

RIGHT TO PART-TIME WORK


General provisions

When the mandatory maternity leave expires, the female worker has the right to work half-time until her child is one year old, whereas for twins, the third or any subsequent child, she can work half-time until the child(ren) is (are) three years old. This right can be used by the worker who is the child’s father if the mother is working full-time during this period. After the child reaches one year of age, one of the child’s parents has the right to work half-time until the child reaches three years of age if the child, according to the opinion of an authorised physician, needs greater care and attention due to the state of his or her health and development. When working shortened working hours a worker has the right to salary compensation for the other half of normal working hours, at a level determined by the Act on the Execution of the State Budget.
Labour Act §67

CASH BENEFITS


Maternity leave benefits


Scope

An insured worker on maternity leave.

Employed persons, public-sector employees, civil servants, self-employed persons, salaried full-time apprentices, temporary contract workers, military personnel, vocational trainees, postgraduate students studying abroad, and persons employed by a foreign employer if they are not covered under the employer’s country provisions, are eligible for cash maternity benefits and medical benefits.
Labour Act §72(1) and (2)
Social Security Programs Throughout the World: Europe, 2008

Qualifying conditions

A worker who intends to exercise his or her right to maternity leave shall notify his or her employer of this intention as soon as possible, and not less than one month in advance.
Labour Act §76(1)

Duration

A mother receives maternity leave benefits for the first year of her child’s life or in the case of twins or 3 children or more she will receive benefits until all children have reached the age of 3.

Amount

Until the end of the mandatory maternity leave (until the child reaches 6 months of age) the salary compensation is paid at an amount of 100 per cent of the base. The maternity benefit for the rest of the maternity leave period (until the child reaches one year of age) the mother shall be paid between 1663 kunas and 2500 kunas a month. Or in the case of multiple biths, 1663 kunas a month is paid for each child up to the age of 3.

A one time lump sum of 2328.20 kunas is paid for newborn child assitance.
Act on Health Insurance §35 (1) and (2)
Social Security Programs Throught the World: Europe, 2008
Historical data (year indicates year of data collection)
  • 2011: Until the end of the mandatory maternity leave (until the child reaches 6 months of age) the salary compensation is paid at an amount of 100 per cent of the base. The maternity benefit for the rest of the maternity leave period (until the child reaches one year of age) the mother shall be paid between 1663 kunas and 2500 kunas a month. Or in the case of multiple biths, 1663 kunas a month is paid for each child up to the age of 3. A one time lump sum of 2328.20 kunas is paid for newborn child assitance.
  • 2004: One hundred percent from twenty-eight days before to six months after birth. The remainder flat rate.
  • 1998: n.a.
  • 1994: n.a.

Financing of benefits

The salary compensation until the child reaches the age of 6 months is paid at the expense of the Croatian Health Insurance Fund, and the rest of the maternity leave period is paid at the expense of the State Budget.
Social Security Programs Throught the World: Europe, 2008
Cumpulsory Health Insurance Act §67(1)
Act on the execution of the State Budget §16(1)
Historical data (year indicates year of data collection)
  • 2011: The salary compensation until the child reaches the age of 6 months is paid at the expense of the Croatian Health Insurance Fund, and the rest of the maternity leave period is paid at the expense of the State Budget.
  • 2004: Social security (health insurance fund, then state budget)
  • 1998: n.a.
  • 1994: n.a.

Paternity leave benefits


Scope

During the calendar year, a worker has the right to be free from work obligations and receive salary compensation (paid leave) for a maximum of seven working days for important personal needs, for example childbirth.
Labour Act §57(1)

Duration

7 days
Labour Act §57 (1)

Amount

100 percent of wages, the periods of paid leave are considered time spent at work.
Labour Act §57(1) and (4)

Adoption leave benefits

The rights specified by the Labour Act for the purpose of the protection of motherhood and child rearing my be exercised, under the same conditions, by and adoptive parent or by a person in whose custody the child was placed in accordance with a decision issued by a body responsible for social welfare.
Labour Act §74(1)

Scope

Adoptive parents.
Labour Act §74(4)

Qualifying conditions

A worker who intends to exercise his or her right to adoption leave shall notify his or her employer of this intention as soon as possible, and not less than one month in advance.
Labour Act §76(1)

Duration

The right to maternity leave (until the child reaches one year of age) is applicable also to an adoptive parent or a person in whose custody the child was placed. If a child is older than the age provided for in the Labour Act, to exercise the rights as to maternity leave, one of the adoptive parents of a child under 12 years of age has the right to an adoption leave of 270 continuous days from the date of adoption, provided that the adoptive parent’s spouse is not the child’s biological parent. The adoptive parent or the person in whose custody the child was placed has the right to maternity leave or adoption leave with a total duration of not less than 270 days.
Labour Act §74 (2) and (3)

Amount

While on adoption leave, the adoptive parent has the right to receive salary compensation. Until the child is 6 months old the salary compensation is paid at an amount of 100 per cent of the base. From the age of 6 months and for the duration of adoption leave, the benefit is paid between 1663 and 2500 kunas a month.
Labour Act §74
Social Security Programs Throughout the World: Europe, 2008.

Financing of benefits

The salary compensation until the child reaches the age of 6 months is paid at the expense of the Croatian Health Insurance Fund, and the rest of the leave period is paid at the expense of the State Budget.
Social Security Programs Throughout the World: Europe, 2008

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

A woman who, after the end of maternity leave or work in shortened working hours, continues to nurse her child, has, for this purpose, the right to a break of one hour twice a day during full-time work. The woman may exercise this right until the child reaches one year of age. The period of the nursing break is included in the working hours.
Labour Act §68(1)-(3)

Remuneration of nursing breaks

The period of the nursing break is included in the working hours. Salary compensation for the nursing break is calculated according to separate regulations.
Labour Act §68(3) and (4)

HEALTH PROTECTION


Arrangement of working time


Night work

Night work (work between 22.00 and 6.00 (for agriculture 22.00 - 6.00)) is prohibited for women in industry, unless this kind of work is approved by the minister responsible for labour, as an exception, in cases of grave danger, for the protection of national interests. The prohibition of night work does not apply to employers who employ only members of their family; to women who perform managerial and technical jobs, or to women in the health and social services who generally do not perform work of manual nature. Due to the need to better utilise resources for work, to increase employment or for similar important economic or social reasons, the minister responsible for labour may decide that night work be defined differently so that exemptions from prohibition of night work are made for certain women. However, a pregnant woman, a mother with a child under two years of age and a single mother with a child under three years of age may not be exempted from the prohibition of night work, unless she requests so herself.
Labour Act §59(1), §60, and §61

Overtime

A pregnant woman, a mother of a child under three years of age and a single parent of a child under six years of age, may work overtime only if he or she gives a written consent to overtime work. If the nature of the job so requires, full-time or part-time working hours may be rescheduled so that during one period they last longer, while during another they last less than full-time working hours. A pregnant woman, a mother with a child under three years of age and a single parent with a child under six years of age may work rescheduled full-time working hours only if he or she gives a written statement about voluntary consent to rescheduled working hours.
Labour Act §41(6), §43(1) and (8)

Dangerous or unhealthy work

The employer shall provide for and maintain the machinery, instruments, equipment, tools, workplace, access to workplace, as well as organise work in a manner which guarantees the protection of life and health of workers in accordance with the nature of the work being performed. The employer shall inform the worker of the dangers of the job being performed.
Labour Act §28(1) and (2)

Risk assessment

The employer shall ensure, in particular, the occupational safety and health protection of women (among other group of workers), and shall, in accordance with the law or collective agreements, adopt a general enactment to establish the type of jobs these categories of workers cannot carry out.
Safety and Health Protection at the Workplace Act §37

» Assessment of workplace risks

The employer shall prepare a risk evaluation in order to eliminate or minimize safety and health risks. Among other things, the occupational medicine services have the duty to monitor the workers’ state of health with respect to their work, in particular women workers (among other groups).
Safety and Health Protection at the Workplace Act §18(1) and §82

» Transfer to another post

If a pregnant woman or a nursing mother performs work which endangers her life or health, or the life or health of her child (as confirmed by an authorised physician), the employer must transfer her to other appropriate work. She may also be transferred on her own request. A pregnant woman or a nursing mother may only be transferred to another place of work with her consent. In the event of a dispute between the employer and a female worker, only an authorised physician has the authority to determine whether the transfer to another job is appropriate. The temporary transfer must not result in the reduction of the woman’s salary.
Labour Act §65

» Paid/unpaid leave

If an employer who employs five workers or less is not able to provide for transfer of a pregnant woman or nursing mother to another job, the woman has the right to take a leave with salary compensation under separate regulations.
Labour Act §65(4)

» Right to return

The employer may reverse the temporary transfer of a pregnant woman or nursing mother as soon as the woman’s state of health permits her to return to the job which she performed previously.
Labour Act §65(6)

Particular risks

A woman must not perform very difficult physical labour, underground or underwater work and other kinds of work which exceptionally endanger the woman’s life and health, in view of her psychological and physical characteristics. The prohibition of underground work does not relate to women who perform managerial jobs, jobs in health care and social welfare, students and trainees who during their schooling or occupational training must spend a part of their time in the underground parts of mines and to women who occasionally must enter the underground part of mines in order to carry out work which is not of physical nature.
Labour Act §63

» Arduous work (manual lifting, carrying, pushing or pulling of loads)

A woman must not perform very difficult physical labour.
Labour Act §63(1)

» Work involving exposure to biological, chemical or physical agents

During pregnancy a woman shall not be assigned to work involving exposure to ionisation and microwave radiation, lead vapours and its inorganic compounds, lead-tetra-ethyl, mercury vapour and mercury compounds dust, dust and manganese vapour and its compounds, uranium and its compounds, fluor and its compounds, tetra-carbon-sulphides, halogen derivatives of hydrocarbons, benzene, chemical and other substances used in the manufacture and processing of artificial resins and plastic materials, pesticides based on chlorinated hydrocarbons, and biological agents, in particular the following viruses: B hepatitis, cytomegalo, varicella, rubella, AIDS virus, and the following bacteria: listeria, toxoplasms. When nursing a woman shall not, in particular, carry out work that may expose her to lead dust, emissions and vapour of lead and its compounds, halogen derivatives of hydrocarbons and pesticides based on chlorinated hydrocarbons.
Safety and Health Protection at the Workplace Act §39

» Working requiring special equilibrium

During pregnancy a woman shall not be assigned to work involving heights.
Safety and Health Protection at the Workplace Act §39(1)

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

During pregnancy a woman shall not be assigned to the job of a firefighter, to work involving heights, an inappropriate microclimate, noise and vibration or high atmospheric pressure.
Safety and Health Protection at the Workplace Act §39(1)

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Direct and indirect discrimination of a person seeking employment and an employed person on the grounds of (among other things) gender, marital status, family responsibilities, and birth shall be prohibited. Discrimination on the basis of gender shall mean any normative or real, direct or indirect differential treatment, exclusion or limitation based on one’s gender which renders more difficult or denies equal recognition, enjoyment or exercise of human rights of men and women in political, educational, economic, social, cultural, civil and any other sphere of life. Discrimination in the field of employment and labour shall be forbidden both in the public and private sectors, including in government bodies, when it comes to (inter alia): requirements for employment, self-employment or carrying out a professional activity, including the criteria and requirements for the selection of candidates for particular jobs in any activity and at all levels of professional hierarchy; promotion at work; career counselling; access to all types of vocational training, additional training and retraining, employment and working conditions and all rights that arise from work and are based on work, including equal pay; and cancellation of labour contracts. Any distinction, exclusion or preference in respect of a particular job is not considered discrimination when the nature of the job or conditions in which it is performed are such that characteristics related to particular grounds constitute a genuine and determining occupational requirement, provided that the objective aimed to be achieves is legitimate and that the requirement is proportionate.
Labour Act §2(1) and (4), §3(1)
Gender Equality Act §6(1) and §13(1)

Protection from discriminatory dismissal

During pregnancy, maternity leave, the exercise of the right to shortened working hours by parents or adoptive parents, adoption leave, and during a period of 15 days after the cessation of pregnancy or the exercise of these rights, the employer may not dismiss from work a pregnant woman or a person exercising one of the rights mentioned. A dismissal is null and void if, on the day of dismissal, the employer was aware of the circumstances referred to above or if the worker notifies his or her employer, within a period of fifteen days following the receipt of the notice of dismissal, of the circumstances referred to above, enclosing an appropriate certificate signed by an authorised physician or another autorised body. The circumstances referred to above do not prevent termination of a fixed-duration labour-contract, upon the expiration of the period of time for which this contract was concluded.
Labour Act §77

Burden of proof

If, in case of dispute, a person seeking employment or a worker presents the facts that give rise to a reasonable suspicion that the employer acted contrary to the law as regards discrimination in employment, (including dismissal) as described under anti-discrimination measures, the employer shall have the burden of proof to show that there was no discrimination.
Labour Act §6

Guaranteed right to return to work

After the expiry of maternity leave, adoption leave or work in shortened working hours, the worker who has exercised one of these rights has the right to be assigned to the same job he or she performed before exercising this right. If the need for such job no longer exists, the employer shall offer him or her to conclude the labour contract for the performance of other appropriate job.
Labour Act §79

Results generated on: 22nd October 2014 at 03:38:14.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.