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Labour Inspectorate: Employment Contracts Act gives parents advantages in choosing holiday dates

15.05.2017


On May 15, we celebrate the International Day of Families, this year dedicated to reconciling working and family life. The Labour Inspectorate hereby issues this piece as a reminder of the holiday related rights granted to parents by the Employment Contracts Act.

According to Maret Maripuu, Director General of the Labour Inspectorate, the Employment Contracts Acts provides parents with an advantage to choose their holiday dates so that their holiday would coincide with school breaks. “The issue of finding a balance between working and family life is well-known to any worker raising children or giving care to a family member,” Maripuu said. “Good employers appreciate this complexity and have found ways to help their employees better reconcile their work and family life. This makes employers more competitive in the labor market,” added Maripuu.

The law provides for certain peculiarities for parents in taking holiday. Paternity leave applies to fathers into whose family a child is about to be born or was born. A father has the right to receive a total of ten working days of paternity leave during the two months before the estimated date of birth and during the two months after the birth of the child. Paternity leave is remunerated with average remuneration for each working day of such leave.

A mother or father who has one or two children below the age of 14 has the right to receive three working days of child leave in each calendar year. A mother or father who has at least three children under 14 years of age or at least one child under three years of age has the right to receive six working days of child leave a year. Child leave is remunerated on the basis of the minimum wage.

A parent of a disabled child has the right to one additional child leave day each month which is remunerated based on the employee’s average daily pay. Only one of the parents may use child leave. In addition, a mother and father who is raising a child of up to 14 years of age or a disabled child of up to 18 years of age has the right to child leave without pay of up to ten working days every calendar year. To take child leave (incl. child leave without pay and leave granted to a parent of a disabled child), a corresponding application must be submitted to the employer at least 14 calendar days in advance. Each year, a holiday schedule must be approved by the end of the first quarter. The following persons have the right to demand annual holiday at a suitable time:

  • a woman immediately before and after pregnancy and maternity leave or immediately after child care leave;
  • a man immediately after child care leave or during the pregnancy and maternity leave of a woman;
  • a parent raising a child of up to seven years of age;
  • a parent raising a child of seven to ten years of age – during the child’s school holidays;
  • a minor subject to the obligation to attend school – during school holidays.  
  • The employer must consider the wishes of above listed employees. This, among other things, means that if a collective holiday is applied in a company in the winter, the parent of a small child may, nevertheless, take their holiday in the summer when the kindergarten is closed. It is important to submit your desired holiday dates to the employer before the holiday schedule is approved.  

Additional information:

Kristel Abel
Media Advisor
+372 5287238
kristel.abel@ti.ee

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Labour Inspectorate: Employment Contracts Act gives parents advantages in choosing holiday dates

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