HOLIDAYS DURING SCHOOL BREAKS
In order to better reconcile work and family life, legislation prescribes special rights for parents to use their annual holiday. Namely, parents raising a child of up to seven years of age have the right to request an annual holiday at a time that suits them. Parents raising a child of seven to ten years of age have the right to request an annual holiday during the child’s school holidays. If no agreement is reached on the division of the annual holiday into parts, the employee can use their annual holiday all at once. Thus, children’s school holidays will not be without vacations and other activities, as employers must take into account the holiday requests of parents of children up to ten years of age when preparing the holiday schedule.
CHANGING WORKING CONDITIONS AND HAVING MORE TIME TO SPEND WITH FAMILY
It is understandable that the employee’s ability or wish to work under previously agreed conditions may change during the employment relationship. A common reason is the desire to better reconcile work and family life. Therefore, if a parent wants to reduce their work load, perform their duties remotely or work based on summarised working time so they can work more on some days and less on others, they need to initiate negotiations with their employer. If an agreement is reached, it will be drawn up as an annex to the employment contract no later than on the day the amendments enter into force, and it will be signed by both parties. If no agreement is reached, the employee needs to assess whether the employment relationship still aligns with their needs or whether it is time for change.
DOCTOR APPOINTMENTS AND ILLNESS OF THE CHILD
Unexpected incidents are inevitable, and sometimes employees may need to take their child to a doctor in the middle of the day. For example, when their ear suddenly starts to hurt or when they injure themselves during a ball game. If it is not possible to schedule a doctor’s appointment outside of working hours, parents can take a reasonable amount of time off from work, which is paid for at their average wages. Hours missed from work for such a reason do not have to be made up later. However, if a child falls ill and their parent has to miss work for a longer period to take care of the child, the parent can ask the doctor to issue a certificate for care leave. From the first day of care leave, the Health Insurance Fund pays 80% of the average income of one calendar day, which is calculated based on the income taxed with social tax of the previous calendar year. At the same time, the parent does not have to fear that being on care leave could lead to their unfavourable treatment or extraordinary cancellation of the employment contract, as law protects employees from discrimination on the grounds of parenthood and fulfilling familial responsibilities.
If the nature of the work allows it and the employee believes that they can perform their duties from home, the parties can agree on teleworking and its conditions. If necessary, the employee’s duties may be temporarily changed by agreement.
SUMMARY
Where there is a will, there is a way. Cases where the only option is to terminate the employment relationship are rare. A well-functioning employment relationship requires taking into account each other’s interests, which means being kind to each other and, if necessary, putting oneself in the other party’s shoes.
Flexibility is a two-way street. If the employer notices that the employee has been flexible about their suggestions, they are more likely to do the same, which of course does not mean that the employee should waive the special rights that law prescribes for parents. The same is true in the opposite situation. Employees also need to understand the limits of the employer’s flexibility. If passengers need to be checked in for a flight early in the morning, the employer cannot allow the employee to start their working day when it suits them. This of course does not rule out other ways in which the employer can meet the employee halfway.
If a parent turns to the employer and asks for their working conditions to be changed, the employer must seriously consider what they as an employer have to gain from this. Chung’s analysis shows the following: ‘Based on various international studies, it has been concluded that flexible work may increase the intensity of work and therefore the employee’s productivity, while also increasing the number of hours worked. Employees are more loyal to their employer and are more motivated. Furthermore, employees who make use of flexible working practices miss work and are ill less often.’ Flexibility may be an important competitive advantage over other employers, especially if the company’s economic situation is more modest when it comes to paying wages. Inevitably, flexibility is the keyword in employment relationships, and employers must take into account that family comes first. If there is no flexibility in the employment relationship, the employee is likely to leave for greener pastures sooner or later.
Author: Jaana Vaus Madureira Silva
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Material used:
Chung, H. (2018). Facts on developments and patterns of employee-friendly flexibility in Estonia, based on the European Working Conditions Survey and the European Company Survey. Available: https://www.riigikogu.ee/wpcms/wp-content/uploads/2017/09/arenguseire_keskus_tootajasobralik_paindlikkus_eestis.pdf, 27 July 2023
