Croatia - Maternity protection - 2011

July 2012

O PROGLA¿ENJU ZAKONA O RODILJNIM I RODITELJSKIM POTPORAMA dated 9 July 2008.

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.

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

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).

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)

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

Croatian Institute for Health Insurance

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

Labour Act of 4 December 2009 (Text No. 3635)

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

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.

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.

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.

45 days before the expected date of childbirth until the first birthday of the child.

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.

One of the parents.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

7 days

100 percent of wages, the periods of paid leave are considered time spent at work.

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.

Adoptive parents.

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.

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.

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.

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.

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.

The period of the nursing break is included in the working hours. Salary compensation for the nursing break is calculated according to separate regulations.

An employer shall not order a pregnant woman to undertake night work, unless the woman herself has so requested and the authorised physician has assessed that such work will not endanger her life or health or the life or health of the baby.

A pregnant woman, a parent of a child under three years of age, a single parent of a child under six years of age or a part-time employee may work overtime only if he or she gives a written statement indicating voluntary consent to such work, except in the case of forcé majeure.

If an employee who is pregnant or breastfeeding performs tasks that pose a risk to her life or health, or the life or health of her child, the employer shall offer her to conclude an agreement assigning her to the performance of other appropriate tasks, which shall replace the relevant provisions of her employment contract for a specific period of time.
If an employer is not able to proceed in providing appropriate tasks, the employee has the right to take a leave with a salary compensation pursuant to a special regulation.
This agreement may not result in any reduction of the salary of such employee.
If an employer is not able to proceed in providing appropriate tasks, the employee has the right to take a leave with a salary compensation pursuant to a special regulation.
This agreement may not result in any reduction of the salary of such employee.

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.

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.

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).

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.

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.

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.

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.

A woman must not perform very difficult physical labour.

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.

During pregnancy a woman shall not be assigned to work involving heights.

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.

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.

The employer must not refuse to employ a woman because she is pregnant.

The employer must not ask for any kind of information on the woman’s pregnancy nor must he order another person to ask for such information, except if the female employee personally requests a specific right envisaged under law or another regulation for the protection of pregnant women.

During pregnancy, the exercise of maternity, parental or adoptive parent leave, half-time work, work with shortened working hours for the purpose of intensified child care, leave of a pregnant woman or a breastfeeding mother, leave or shortened working hours for the purpose of caring for or nursing a child with severe developmental problems or during a period of fifteen days after the cessation of pregnancy or the cessation of 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 in paragraph 1 of this Article or if the employee notifies his or her employer, within a period of fifteen days following the receipt of the notice of dismissal, of the circumstances referred to in paragraph 1 of this Article, enclosing an appropriate certificate signed by an authorised physician or another authorised body.
The circumstances referred to in paragraph 1 of this Article do not prevent termination of a fixed-duration employment contract, upon expiration of the period of time for which this contract was concluded.

The employer must not refuse to employ a woman because she is pregnant, nor shall the employer terminate an employment contract on account of pregnancy of an employee or make an offer to such employee to conclude a modified employment contract.

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.

After the expiry of maternity, parental, adoption leave or leave for the purpose of caring and nursing a child with severe development difficulties and for the duration of the suspension of the employment relationship until the child reaches the age of three pursuant to a special regulation, the employee who has exercised one of the these rights has the right to return to the same job he or she performed before exercising this right, and if the need for such job no longer exists, the employer shall offer him or her to conclude an employment contract for the performance of other appropriate job with working conditions which shall not be less favourable than those he or she enjoyed before exercising the right in question.