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)   

Slovakia - Maternity protection - 2009


LAST UPDATE

13 May 2009

SOURCES


Name of Act

Labour Code,
Act No. 311 of 2 July 2001, as amended up to Act No. 184/2009, of 1 September 2009.

Name of Act

Act on Social Insurance,
No. 461, dated 30 October 2003 , Zbierka zákonov, 2003-11-27, Ciastka 200, 3550-3703 as amended up to Act No. 200/2009.

Name of Act

Act on Occupational Safety and Health Protection and on the Amendment of Certain
Acts,
Act No. 124 of 2 February 2006, as amended up to Act No. 140/2008.

Name of Act

Act Concerning Healthcare,
No. 272, dated 24 August 1994. As amended up to Act No. 472, 2003, Zbierka zakonov, 2002-10-15, Ciastka 229, pp. 5866-5908.

Name of Act

Decree of the Ministry of Health concerning protection against radiation,
No. 12, dated 13 December 2000, Zbierka zakonov, 2001-01-24, Ciastka 6, pp. 70-194.

Other source used

Social Security Programs Throughout the World: Europe, 2008 - Slovakia,
US Social Security Administration.

MATERNITY LEAVE


Scope

The Labour Code of Slovakia governs individual labour-law relations in connection with employment of natural persons by legal persons or natural persons, and collective labour-law relations.
Labour Code §1

Duration


Compulsory leave

14 weeks altogether, 6 weeks of which have to be granted after birth.
Labour Code §168(4)

General total duration

28 weeks (in general 6 weeks prior to confinement, but not earlier than 8 weeks prior).
If the women draws less than 6 weeks prior to confinement for another reasons than birth occurring earlier than determined by a physician, postnatal leave is granted for 22 weeks only.
Labour Code §166, 167
Historical data (year indicates year of data collection)
  • 2011: 28 weeks (in general 6 weeks prior to confinement, but not earlier than 8 weeks prior). If the women draws less than 6 weeks prior to confinement for another reasons than birth occurring earlier than determined by a physician, postnatal leave is granted for 22 weeks only.
  • 2004: Twenty-eight weeks
  • 1998: Twenty-eight weeks
  • 1994: n.a.

Extension

If a woman gave birth to two or more children concurrently, or if she lives alone and is a single, widowed or divorced woman or is alone for other substantive reasons, she shall be entitled to maternity leave for a duration of 37 weeks.
Labour Code §40(1)-(2) and 166 (1)

Leave in case of illness or complications

If for reasons of health a child was taken into the care of a nursing institution or other treatment establishment, and the female and male employee in the meantime appears to work, maternity leave shall be interrupted by such, at the earliest from expiration of the sixth week following the day of childbirth. The woman and man shall be provided with the undrawn part of maternity leave commencing from the day they take the child from the institution back into their own care, however not longer than to the child reaches three years of age.
Labour Code §168(1)

RELATED TYPES OF LEAVE


Parental leave


Scope

Male and female employees who request parental leave.
Labour Code §166

Qualifying conditions

A request of the employee.
Labour Code §166

Length

Until the child reaches three years of age (until the child reaches 6 years of age in case it is seriously disabled, requiring exceptional care); if parental leave is requested, it has to amount to at least 1 month.
Labour Code §166

Paternity leave


Scope

Male employees.
Labour Code §141, 166(1)

Qualifying conditions

The male employee has to care for a newborn child.
Furthermore, an employer shall provide an employee with time off when an employee’s wife gives birth to a child.
Labour Code §141, 166(1)

Length

In connection with caring for a newborn child, a man also shall be entitled to leave to the same extent as the mother (28 weeks). Furthermore, time off with wage compensation shall be provided for a necessary period of time for transportation of his wife to the medical facility and back.
Labour Code §141, 166(1)

Adoption leave


Scope

Claim to maternity leave and parental leave shall be held by a woman and man who on the basis of legal decision of the competent body took into care a child which was entrusted to them by decision of the competent body for later adoption or for fostering care.
Labour Code §40(1)-(2) and 169

Qualifying conditions

Claim to leave shall be held by a woman and man who on the basis of legal decision of the competent body took into care surrogating parental care a child which was entrusted to them by decision of the competent body for later adoption or for fostering care, or a child whose mother died.
Labour Code §169

Length

22 weeks from the day the child is undertaken (31 weeks if the woman and man undertake two or more children or if concerning a women or man who lives alone and is a single, widowed or divorced person or is alone for other substantive reasons), at the longest however until the day a child reaches eight months of age.
Furthermore, parental leave shall be provided until the day a child reaches three years of age and, with a long term seriously disabled child requiring exceptional care, until the child reaches six years of age.
Labour Code §169

CASH BENEFITS


Maternity leave benefits


Scope

Maternity benefits are provided out of sickness insurance. The following have mandatory sickness insurance: a) employee who carries out work on the territory of the Slovak Republic or outside the territory of the Slovak Republic during the period of time set by the employer, unless an international treaty prevailing over the laws of the Slovak Republic states otherwise, b) self-employed person whose income of making business and other independent gainful activities according to special regulation or revenue related to making business and to other independent gainful activities were higher than 12-fold the minimum wages.
Act on Social Insurance §13-14 and 138(11)

Qualifying conditions

An employee who is pregnant or who takes care of a new-born child is entitled to maternity allowance, she had sickness insurance for at least 270 days within the two last years before delivery. The period of service of policeman, professional soldier and soldier of preparatory service is not included into the period of 270 days.
Act on Social Insurance §48.1, 49

Duration

28 weeks after following the claim of maternity benefits (starting not earlier than 8 weeks before the expected day of birth); 37 weeks in case of multiple births, provided that the person takes care of at least 2 born children or the person is single.
Act on Social Insurance §48.2,3

Amount

55% of the daily assessment basis.
Act on Social Insurance §53 and 55
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2011: 55% of the daily assessment basis.
  • 2004: Fifty-five percent
  • 1998: Ninety percent (up to a ceiling)
  • 1994: n.a.

Financing of benefits

Social insurance (part of sickness insurance).
Act on Social Insurance §13, 128, 130 and 161
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2011: Social insurance (part of sickness insurance).
  • 2004: Social security
  • 1998: Social security
  • 1994: n.a.

Parental leave benefits


Scope

Permanent or temporary residents of the Slovak Republic.
Social Security Programs Throughout the World: Europe, 2008 - Slovakia Europe, 2008 - Slovakia

Qualifying conditions

Paid for providing care for at least one child up to age 3 (age 6 with chronic health problems). The child must not attend a nursery.
Social Security Programs Throughout the World: Europe, 2008 - Slovakia Europe, 2008 - Slovakia

Duration

After 28 weeks of maternity/paternity leave, until the child reaches three years of age (six years in case of a child with chronic health problems).
Social Security Programs Throughout the World: Europe, 2008 - Slovakia Europe, 2008 - Slovakia

Amount

Fixed monthly amount.
Social Security Programs Throughout the World: Europe, 2008 - Slovakia Europe, 2008 - Slovakia

Financing of benefits

State
Social Security Programs Throughout the World: Europe, 2008 - Slovakia Europe, 2008 - Slovakia

Paternity leave benefits


Scope

Paternity benefits are provided out of sickness insurance. The following have mandatory sickness insurance: a) employee who carries out work on the territory of the Slovak Republic or outside the territory of the Slovak Republic during the period of time set by the employer, unless an international treaty prevailing over the laws of the Slovak Republic states otherwise, b) self-employed person whose income of making business and other independent gainful activities according to special regulation or revenue related to making business and to other independent gainful activities were higher than 12-fold the minimum wages.
Act on Social Insurance §13-14 and 138(11)

Qualifying conditions

The father (or in some cases the husband of the mother or wife of father) of the child is only entitled to the maternity allowance if the mother of the child died, if she cannot take care of the child due to adverse health condition lasting at least a month, or upon agreement with the mother.
Act on Social Insurance §49(2)

Duration

22 weeks; 31 weeks in case of multiple births, provided that the person takes care of at least 2 children or the person is single (NB: the father is only granted benefits for the period during which the mother does not use her right to 28 weeks of maternity benefits, up to 22 weeks. This applies when the mother died, if she cannot take care of the child due to her health condition or if it is agreed with the mother).
Act on Social Insurance §49

Amount

55% of the daily assessment basis.
Act on Social Insurance §53 and 55
click on this symbol to show or hide remarks

Financing of benefits

Social insurance (part of sickness insurance).
Act on Social Insurance §13, 128, 130 and 161
click on this symbol to show or hide remarks

Adoption leave benefits


Scope

Adoption benefits are provided out of sickness insurance. The following have mandatory sickness insurance: a) employee who carries out work on the territory of the Slovak Republic or outside the territory of the Slovak Republic during the period of time set by the employer, unless an international treaty prevailing over the laws of the Slovak Republic states otherwise, b) self-employed person whose income of making business and other independent gainful activities according to special regulation or revenue related to making business and to other independent gainful activities were higher than 12-fold the minimum wages.
Act on Social Insurance §13-14 and 138(11)

Qualifying conditions

An employee is entitled to allowances if he/she had sickness insurance for at least 270 days within the two last years before delivery. The period of service of policeman, professional soldier and soldier of preparatory service is not included into the period of 270 days.
Act on Social Insurance §48.1, 49

Duration

22 weeks from the day of taking the child into custody (at most until the child reaches 8 months of age); 31 weeks in case the person took two or more children into custody, taking care for at least two of those children, and in case a person who is single takes care of a child taken over to his/her custody.
Act on Social Insurance §49

Amount

55% of the daily assessment basis.
Act on Social Insurance §49, 53 and 55
click on this symbol to show or hide remarks

Financing of benefits

Social insurance (part of sickness insurance).
Act on Social Insurance §13, 128, 130 and 161
click on this symbol to show or hide remarks

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

An employer shall be obliged to provide a mother who breast-feeds, in addition to the normal daily breaks, special breaks for breast-feeding, in general two half-hours per child until the child reaches sixth months of age, and in the succeeding six months one half-hour per shift. These breaks may be combined and provided at the beginning or end of the shift. If the concerned employee works part-time of at least half the normal weekly working time, she shall be entitled to only one half-hour break for breast-feeding per child until the end of the sixth month of the child’s age.
Labour Code §170

Remuneration of nursing breaks

Breaks for breast-feeding shall be calculated to working time and shall be provided with wage compensation in the amount of her average earnings.
Labour Code §170

Transfer to another post

An employer shall be obliged to transfer an employee to a different work, if a pregnant woman or mother of a child younger than nine months of age performs work, which such women may not be employed to do, or which according to a medical opinion jeopardises her pregnancy or maternal function or if a pregnant woman or mother of a child younger than nine months of age working at night, requests transfer to day work.
Labour Code §55(2b), f)

Nursing facilities

An employer shall be obliged to establish, maintain and improve the level of social facilities and personal sanitation facilities for women.
Labour Code §160

HEALTH PROTECTION


Arrangement of working time


Night work

When designating employees to work shifts, an employer shall be obliged to take into account the needs of pregnant women, women and men continuously caring for children.
If a pregnant woman, men and women continuously caring for a child younger than 15 years of age requests a reduction in working time or other arrangement to the fixed weekly working time, the employer shall be obliged to accommodate her request if such is not prevented by substantive operational reasons.
Labour Code §164

Overtime

A pregnant woman, a woman or man continuously caring for a child younger than three
years of age and an employee living alone and being a single, widowed or divorced person (or for other substantive reasons alone) continuously caring for a child younger than fifteen years may be employed for overtime work only with their agreement.
Labour Code §40(1)-(2) and 164

Time off for medical examinations

Time off with wage compensation shall be provided for a necessary period of time for preventative medical examination connected with pregnancy, if the examination or treatment could not be performed out of working time.
Labour Code §141

Other work arrangements

When designating employees to work shifts, an employer shall be obliged to take into account the needs of pregnant women, women and men continuously caring for children. If a pregnant woman, men and women continuously caring for a child younger than 15 years of age requests a reduction in working time or other arrangement to the fixed weekly working time, the employer shall be obliged to accommodate her request if such is not prevented by substantive operational reasons.
Labour Code §164

Dangerous or unhealthy work


General

Women must not be employed by works that are physically inappropriate for them or which harms their organism, in particular such works which threaten their maternal role. Lists of work and workplaces that are prohibited for all women, pregnant women, mothers until the end of the ninth month following childbirth and nursing women shall be established by the Regulation of the Government of the Slovak Republic.
Labour Code §161

Risk assessment


» Assessment of workplace risks

In order to ensure occupational safety and health protection, the employer shall be obliged inter alia to assess risks and draw up a written document on risk assessment in all activities performed by the employees, as well as draw up a list of works and workplaces that are prohibited to pregnant and breastfeeding women and mothers until the end of the ninth month after delivery or that are connected with specified risks for these women.
Act on Occupational Safety and Health Protection §6(1)

» Adaptation of conditions of work

If a pregnant woman performs work that is prohibited to pregnant women, or which according to medical opinion threatens her pregnancy, the employer shall be obliged to implement a temporary change of working conditions. These provisions shall apply commensurately to a mother to the end of the ninth month following childbirth and a nursing woman.
Labour Code §162

» Transfer to another post

If a change of working conditions for woman is not possible, and in case that a pregnant or nursing woman or mother of a child younger than nine months of age performs work, which such women may not be employed to do, or which according to a medical opinion jeopardises her pregnancy or maternal function, an employer shall be obliged to transfer an employee to a different work, that is suitable to her and in which she may attain the same earnings as that for the hitherto work within the scope of the employment contract, and where such is not possible, he/she shall transfer her upon agreement to a different type of work.
If a woman, in work she was transferred to by no fault of her own attains earnings lower than that attained by the hitherto work, for the purpose of balancing of the difference, she shall be provided with a compensation benefit in pregnancy and in motherhood pursuant to special regulation.
Labour Code §55, 162

» Paid/unpaid leave

If transfer of a pregnant or nursing woman or a women up to 9 months after childbirth to a position with day work or transfer to other suitable
work is not possible, the employer shall be obliged to provide a pregnant employee with time off and wage compensation.
Labour Code §162

Particular risks


» Work involving exposure to biological, chemical or physical agents

Pregnant women, mothers with children younger than nine months of age, and nursing women may not be employed to work with carcinogenic or mutagenic agents.
The limit of radiation exposure for pregnant women whose workplace contains a source of ionising radiation shall be established in such a way that the sum of the effective doses from exterior radiation exposure and the effective dose load from the interior exposure of the foetus shall not exceed 1 mSv, counting from the day in which the pregnant woman informs the employer of her pregnancy to the end of the pregnancy.
Act Concerning Healthcare §13t
Decree of the Ministry of Health concerning protection against radiation §5

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

Women and men shall have the right to equal treatment with regard to access to employment, remuneration and promotion, vocational training, and also with regard to working conditions. Women shall be secured working conditions which enable them to partake in work with regard to their physiological capacity, and with regard to their social function of motherhood, and also women and men with regard to their family obligations in the upbringing and care of children.
In accordance with the principle of equal treatment, the discrimination shall be prohibited also from reasons (among others) of marital status and family status.
Labour Code Article 6, §13

Prohibition of pregnancy testing

Prior to the conclusion of an employment contract, an employer must not request from a natural person information concerning pregnancy or family relationships.
Labour Code §41

Protection from discriminatory dismissal

An employer may not give notice to an employee within the period of an employee’s pregnancy, or when an employee is on maternity leave or a female or a male employee is on parental leave or when an unmarried employee is taking care of a child under the age of three.
Exceptions to the prohibition of dismissal apply with regard to pregnant workers or employees taking care of a child under the age or three where the employee was lawfully sentenced for committing a wilful offence or was in serious breach of labour discipline.
Labour Code §63, 64, 68

Results generated on: 21st September 2014 at 04:05:09.
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.