Paternity leave is five additional days of annual leave to be allocated as requested by the father during the two months following the birth of their child (or seven days for twins). Fathers must establish their entitlement to the leave by showing their employer the child's original birth certificate (or the original autopsy report in case of a stillborn birth) and making a statement that their custody of the child has not been interrupted or terminated by the court.
Employers can apply for reimbursement of paternity leave costs from the national central budget. Reimbursement covers the absence fee and public duties related to the paternity leave. Specific documents and data must be kept by the employer as a record of the paternity leave. To claim reimbursement, employers must file an application to the appropriate regional agency of the State Treasury.
Applications may be made (on paper or in electronic form) at the end of any quarter (ie 31 March, 30 June, 30 September and 31 December) seeking reimbursement of costs incurred within the previous three years. The Treasury has the right to conduct an audit to verify whether the employer has complied with the requirements.
Employees who change jobs within the eligibility period remain entitled to paternity leave as long as they can show that they haven’t already used up their entitlement. At the new employee's request, the previous employer must provide a statement within three business days showing the number of days of paternity leave allocated.
Please feel free to contact us for further information or advice on this issue.
Law: Government Decree No. 350 of 2014 (XII.29.) on the reimbursement of additional annual leave for fathers upon the birth of their child; Labour Code, Section 118(4)
