Estonia's legislative and practical background on paternity leave

1
Estonia's legislative and practical background on
paternity leave

• 18.11.2005
• Margit Sarv
• Gender Equality Commissioner of Estonia

2
Legislative background

• Parental leave
• Holidays Act
• Benefits
• Parental Benefit Act
• State Family Benefits Act
• Guarantees
• Gender Equality Act
• Republic of Estonia Employment Contracts Act (and
  Public Service Act)

3
Holidays Act

• A father has the right to be granted an
  additional child care leave of fourteen calendar
  days during the pregnancy leave or maternity
  leave of the mother or within two months after
  the birth of the child. ( 30 (1))
• A mother or father shall be granted parental
  leave at his or her request for raising a child
  of up to 3 years of age. A parental leave
  terminates not later than on the day which
  follows the day on which the child reaches 3
  years of age. ( 29 (1))
• Parental leave may be used in one part or in
  parts at any time for raising a child of up to 3
  years of age. ( 29 (3))
• For the duration of parental leave, an employment
  contract or service relationship shall be
  suspended. ( 29 (5))
• A mother or father shall be granted an additional
  child care leave every working year at his or her
  request as follows
• 1) child care leave of three calendar days if
  the mother or father has one or two children
  under 14 years of age
• 2) child care leave of six calendar days if the
  mother or father has three or more children under
  14 years of age or at least one child under 3
  years of age. ( 30 (2))
• An additional child care leave without pay shall
  be granted to a parent who is raising a child of
  14 years of age or a disabled child under the age
  of 18, for up to fourteen calendar days during a
  working year at a time established by agreement
  of the parties. ( 31)

4
State Family Benefits Act

• All of the allowances payable to parents (monthly
  or single) are available either to the mother or
  father, except single parents child allowance.

5
Parental Benefit Act

• Before the child attains six months of age, the
  mother of the child has the right to receive the
  benefit except if the mother of the child is dead
  or fails to perform the obligation to raise and
  care for the child arising from the Family Law
  Act.
• If one of the parents is on parental leave after
  the child attains six months of age, that parent
  has the right to receive the benefit. ( 2 (2))

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Parental benefit limits for the father

• Father has the right to parental benefit only
  once the child is 6 months of age
• The clause included in the act during the
  discussions in the parliament
• Lobbied by the paediatrics
• Best interests of the child and concern for
  childrens health considered paramount
• Reasoned by breast-feeding and bonding with the
  mother as important values

7
Guarantees

• Gender Equality Act
• Direct discrimination based on sex also means the
  less favourable treatment of a person in
  connection with pregnancy and child-birth,
  parenting, performance of family obligations or
  other circumstances related to gender ( 3 (1))
• Republic of Estonia Employment Contracts Act and
  Public Service Act
• Guarantees from dismissal

8
Paternity leave in practice

• Parental benefit
• Fathers constitute less than one 1 of all
  benefit receivers (e.g. 79 fathers of 9419
  persons in October 2005)
• The percentage of fathers was slightly higher
  among those persons who received either 100 of
  the previous salary (e.g. 1,4 in October 2005)
  or the maximum benefit in the amount of three
  times the average Estonian salary (e.g. 3,2 in
  October 2005).
• Child care allowance
• Fathers constitute around 1 of all allowance
  receivers