• 13/08/2022
• By wizewebsite
• 543 Views

How about parental if you don't want to go back to work or just want a short time?<

Mum that soon ends parental leave turned to us because the second -born son will celebrate her third birthday.She also takes care of another child and therefore does not want to return to work full -time, ie full weekly working hours.She asked the employer for unpaid leave up to four years of age of younger son, when the older one will go to elementary school.However, the employer did not comply with.

Therefore, she asked for the opportunity to work on a shorter job.In addition, the employer has already been convened and suggested to her a specific four days when the employer, which is normally from seven in the morning to seven in the evening, but the hours did not suit the employee again.Demanded the performance of work in other hours.She asked us what to do.

The parental allowance support period may be longer than parental leave

The maximum length of parental leave (up to the age of three) according to the Labor Code does not cover with the maximum length of the parental allowance (up to the age of four or even up to seven years of age if the child is long-term disabled or long-term disabled) Under the State Social Support Act.

Whether a woman's parental allowance under four years of age draws or does not draw (because she has chosen a faster option), it is necessary to know that no automatic claim to prolong parental leave for child care under four years is not due to care for careA child under four years of age is not a statutory obstacle to work as maternity leave and parental leave.

(Paternal vacation does not exist - only a dose of paternity postpartum care - the so -called.paternal.Dads take parental leave to care for a child and partner after delivery.They can draw it later, up to the child's age until the age of three.)

Employees or employees must therefore, if they want to continue, after the end of parental leave, "stay at home" and take care of the child, ask for unpaid leave (without compensation of wages or salary) and to provide it and draw with it.(We wrote about it in the background of the case of another reader who turned to us; we were more extensively dealt with by the topic in the texts where you are entitled to unpaid leave and when do you need the employer's consent?

Possibilities are also departure from employment

If you do not agree in a similar situation, you can of course untie in time, employment in advance by statements, or propose an agreement.The period of notice is two months and is calculated from the first day of the calendar month following the delivery of the notice.Therefore, the employer should usually be delivered about three months before the parental leave is to end.

You are not always threatening you even after the work

If you do nothing, you will stay with your child at home and do not get to work, the employer may evaluate your non -work as an unexcused absence.But not always.The Labor Code does not explicitly protect you, but the Supreme Court of the Czech Republic showed understanding for the situation of parents who do not eat in kindergarten for the child.The Supreme Court of the Czech Republic in the judgment of October 2008 (file.zam.21 Cdo 4411/2007):

Tip: Choose a holiday between maternity and parental.It's the most advantageous

Employees provided by the employer at her request of parental leave (up to the age of three) violates the obligation stipulated by law if it does not take place after its end.A breach of the obligation arising from the legal regulation relating to the employee performed, which could be a reason for terminating employment, however.intentionally, or at least due to negligence.If the employee does not take place after parental leave only because he does not have the opportunity to place the child in pre-school facilities (kindergartens or special kindergartens) and that he cannot ensure proper care of the child or otherwise, in particular through another person, and notified ofTom properly his employer is undoubted that she could not start after parental leave for important reasons and that he is entitled to provide labor off.Her actions cannot therefore be considered as a fault of work obligations (breach of work discipline) and cannot be a reason to terminate employment.

The authoritative opinion of the High Court - the parents of young children - thus protects against ejection.On the other hand.This is one of the reasons why the woman who asked how to proceed was further negotiated with the employer and tried to achieve a compromise with him.

You have the right to a shorter time but the employer has to defend his operation

The employer is pursuant to Section 241 (.1 of the Labor Code obliged to take into account the needs of employees and employees care for children when enrolling employees in shifts.If an employee or an employee caring for a child under 15 years of age or pregnant for shorter working hours or other appropriate regulation of the set weekly working hours, the employer is obliged to.2 of the Labor Code to comply with their request if it does not prevent serious operational reasons.

The employer is therefore obliged to comply with the application for shorter working hours if it does not prevent serious operational reasons that employees must explain.What are serious operational reasons authorizing employers to comply with employees, how they are evaluated, how they approach the disputed cases of the courts when the employer does not want to adjust the parents of young children appropriately, we wrote earlier:

Try to compromise

In the above -mentioned case, the employer requesting unpaid leave has made a lack of insufficient and formalistic justification that it needs to provide its operation and full scope of the services provided.On the other hand, the mother's requirements were too strict.It has not shown any significant effort to organize the regime of the day so that it can meet the possible legitimate requirements of the employer in the interest of operation - it insisted on specific hours at which she is willing to work for a shorter working time with which the employer has already agreed, although working hours are in the employer's competence.

Therefore, it is always necessary to act and avoid a dispute if possible.If it occurred, in this case, the employee would probably not be successful, because on the one hand the employer did not show the helpfulness of unpaid leave, proceeded formally, but was willing to discuss shorter working hours,When she dictated the specific hours of work of work.

Perhaps it was not the case of this mother, but some employees do not understand at all that the employer is buying their workforce and is not an institutional institute.Especially small employers, when they have to meet all the requirements of employees, even of legal demands, have really complicated, which employees do not understand.

Final Summary of Options

If you do not really agree with the employer to provide unpaid leave or shorter working time or other appropriate work hours, you have the opportunity to terminate the employment relationship, as wellcourt if you have not joined work not from furiantism, but really because you cannot ensure babysitting and care for your child.

In case of success in the dispute, you are entitled to compensation in the form of wage compensation for the period from the moment you tell the employer that you insist on further employment until the dispute resolved.