Policy Document

Employment Contracts Act

Year

2008

Country

Estonia

Topic

Family & Children

Subtopic

Leave Schemes for Parents

Keywords

Childbirth Family formation Family life Family policy Mother's rights Parental leave Work-life balance

Main implications

The right to three-year childcare leave is maintained until the present.

Benefits & Requirements

Coverage: Eligible groups or beneficiaries

70 days of adoption leave are granted per child for parents adopting a child. Adoptive parents are eligible for parental leave for a child under three years and qualify for parental benefit and childcare benefit.

Target group

Mothers-And-Fathers

Who is entitled to opt for parental leave according to this document?

Either the mother or the father may go on parental leave. The actual caregiver of a child is eligible for parental leave if parents do not use leave themselves.

Months of parental leave guaranteed by the State, stipulated by this document

Parental leave lasts until child reaches three years of age

Calculation of financial support

The amount of the benefit depends on the parent’s income in the previous calendar year that is calculated on the basis of the social taxes paid in Estonia.

Months of parental leave secured by State without receiving financial support

Parental leave lasts until child reaches three years of age

Flexibility to use leave entitlements (e.g. part-time option, simultaneous or separated use by parents)

Parental leave may be used in one part or in several parts at any time until child is three years of age.

Does this document guarantee job security after parental leave?

Yes

Does this document contain specific entitlements for parental leave after adoption?

Yes

Implementing Text & Related Legislation

Original name of the legal document/act (native language)

Töölepingu seadus

Date of passage/approval

17^th December 2008

Date of signature

17^th December 2008

Are the effects retroactive?

Date of effect

1^st July 2009

Actors

At the level of legislative and administrative power, the Riigikogu (Parliament), the Government of the Republic of Estonia, and the Ministry of Social Affairs.

Financing

State budget

Earlier related reforms

In 1972, The Work Code of Estonian SSR (Eesti NSV Teataja 1972, 28, 275) provided an additional unpaid one year of leave after maternity leave to all working women with at least one year of prior employment. In 1982, according to the order of the Council of Ministers of the Estonian SSR (Eesti NSV Teataja 1981, 22, 310), the one-year unpaid leave was compensated by a flat-rate benefit. The unpaid leave was extended and could be used until the child reached 18 months of age. In 1989, according to the orders of the Council of Ministers of the Estonian SSR (Eesti NSV Teataja 1989, 14, 160; 1989, 30, 437), paid leave – with the flat-rate benefit – was extended to 18 months and the unpaid leave to three years.

Other related legislation

Parental Benefit Act/Vanemahüvitiste seadus (Riigi Teataja RT I 2003, 82, 549) (https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/504072014010/consolide).

Read the Law

Original full text source in native language

Riigi Teataja (State Gazette) RT I 2009, 5, 35

Full text web source in English

https://www.riigiteataja.ee/en/eli/530102013061/consolide

Original full text web source in native language

https://www.riigiteataja.ee/akt/122122012030

Secondary Literature & Sources

Secondary literature

Nacsa Mónika: Az 1911. évi I. törvénycikk jogtudományi fogadtatásának részleteiről (On the details of the jurisprudential reception of the Act I of 1911) in: Glossa Iuridica 2012 III./ 1. pp. 82-85. http://www.glossaiuridica.hu/gi1201/civ/gi1201_civ_nacsa.pdf