Every woman employed by an employer has the right to be absent from work due to pregnancy and childbirth, as well as to leave from work to care for a child. Both women and men have the right to maternity leave and compensation.
These are two rights related to maternity leave, the names of which are often combined in practice:
- first – it is the right to maternity leave (for the period after childbirth and recovery);
- second – it is the right to leave from work for child care (for the period of child care).
Maternity leave and child care leave can last a total of 12 months (365 days). It is valid for maternity leave for the first child, but also for maternity leave for the second child.
Every employed woman (employee giving birth) during maternity leave and absence can also receive salary compensation, in accordance with the Labor Law. The fee is paid in gross amount.
Therefore, below we will explain the two types of rights of these to benefits during maternity leave.
- Compensation for earnings during maternity leave and leave from work to care for a child is income earned by women employed by legal entities and individuals. Therefore, they have concluded an employment contract or an established employment relationship with the employer.
- Other allowances for the birth and care of a child are monetary incomes received by mothers who are self-employed.
When does maternity leave start and how long does it last?
Maternity leave can start no earlier than 45 days before childbirth. It is obtained based on the findings of a gynecologist, and no later than 28 days before the due date.
When it comes to the length of maternity leave, it can last a maximum of 3 months, starting from the date of delivery. Those three months make up one month before childbirth and two months after it. Sick leave is related to childbirth and recovery.
Leave from work to take care of the child lasts for the remaining nine months. It builds on the maternity leave and continues continuously, without the obligation to submit additional documentation. Therefore, only when the maternity leave expires does the right to leave from work to take care of the child continue. It lasts for the rest of the period until it expires 365 days, from the beginning of the opening of the maternity leave.
Therefore, maternity leave and child care leave together last for a total of one year (for the first, second child). For the third, fourth and each subsequent child, the duration is different.
Exceptions may be tragic situations, such as the death of a newborn before the end of maternity leave or if the newborn is stillborn. Then the employed mother still has the right to use this right.
How is maternity leave opened?
Maternity leave is opened on the basis of a doctor’s remittance, that is, on the basis of the findings of the competent health authority. The employer is only obliged to make a decision on the opening of maternity leave and leave from work for the sake of child care, and a remittance (report on temporary inability to work) is sufficient for the decision.
The status of the employee does not change during maternity leave and child care leave. When she takes sick leave, she remains in employment, which can be seen in the records of the Central Register of Mandatory Social Insurance (CROSO).
The payment of salary compensation for maternity leave is borne by the budget of the Republic of Serbia.
Leave from work to care for a child
After the end of the maternity leave, the mother who is employed has the right to leave from work to take care of the child. It lasts the rest of the period until the end of 12 months, that is, until those 365 days have passed since her maternity leave began.
During maternity leave and leave from work to take care of the child, she has the right to receive salary compensation.
The father’s right to maternity leave and leave from work to take care of the child
When asked whether the father has the right to take leave from work to take care of the child, the answer is yes. Both mother and father can use the right. In addition, one of the adoptive parents, foster parent, guardian of the child can also exercise this right.
Maternity leave benefits only the mother. The father has the right to use paid leave based on the birth of his wife.
The cases when the child’s father can take leave from work to take care of the child are:
- when the mother leaves the child,
- if the mother dies,
- if the mother is prevented from using this right for other justified reasons, and some of them may be serving a prison sentence, serious illness, and the like.
In an exceptional situation, maternity rights can pass to the father, which is the case if the mother dies.
Let’s conclude. The father can be absent from work to take care of the child and receive compensation even when the mother has an established employment relationship (when she is employed), but also when she is unemployed, i.e. when she is not employed. Unemployment is not a requirement.
In order to be able to use the leave, it is necessary to have a written agreement with the child’s mother.
Maternity leave and childcare leave for the third child
A mother, i.e. an employed woman, for the third, fourth and each subsequent newborn child can also use maternity leave and the right to leave from work for child care. The leave lasts longer, unlike the leave used for the first and second child.
For the third, fourth and each subsequent newborn child, maternity leave and child care leave last a total of two years. They are consecutive, so the leave can last a total of 24 months
Clarification.
After the expiration of the maternity leave, the employed mother is absent from work to take care of the child until the end of the two-year period. The starting date of the maternity leave is also counted as the starting date.
If an employee gives birth to three children (or more), she immediately realizes the right to maternity leave and leave for two years.
As for the father’s right to take leave, it is the same as in the case of the first or second child. When the mother justifiably cannot use maternity leave and leave, the father has the right to use work leave to take care of the child.
Pay during maternity leave
In accordance with the Law on Financial Support of Families with Small Children, compensation for salary during maternity leave and leave from work to care for a child is determined based on the sum of the monthly bases on which contributions have been paid on all incomes that are considered earnings, for the period of the last 18 months (a year and a half days) preceding the first month of pregnancy leave, or maternity leave, if no pregnancy leave was used.
The monthly amount of wage compensation during maternity leave must not be less than the established minimum salary. The payment of the maternity allowance is made directly to the current account of the working mother, and the payment is made by the state.
The right to leave from work to take care of the child and compensation if the mother is an entrepreneur
If the mother is an entrepreneur, i.e. if she opened her own company, the right to leave from work to take care of the child and compensation can be exercised by the child’s father, who is employed by the employer. In other words, if the child’s mother is a self-employed person, the father has the right to leave to take care of the child and receive compensation.
The father of the newborn can also exercise this right. When the mother is the owner of the family farm and has the status of a person who performs the activity independently.
The father can exercise this right to leave to take care of the child only after the completion of three months of the child’s life, and for the remaining period of up to one year (the remaining nine months), for the first and second child. The third and every subsequent child has the right to a period of up to two years.
The wage compensation base is determined on the basis of the sum of the monthly bases on which the contributions to incomes that have a salary character were paid, for the last 18 months preceding the first month of leave due to complications related to the maintenance of the mother’s pregnancy, i.e. the birth of a child if the leave due to complications was not used in connection with the maintenance of pregnancy.
Other allowances for the birth and care of a child from August 1, 2023.
Other benefits based on the birth and care of a child and special care of a child, the mother has the right to use for a child who was born on August 1, 2023 and later. He can receive compensation if:
- performs activities independently (entrepreneur);
- is the holder of a family agricultural holding that has the status of a person who independently performs activities.
The mother’s income can be:
- on the basis of the contract on temporary work – casual jobs;
- based on the service contract;
- based on the author’s contract;
- on the basis of the contract on the rights and obligations of the director outside the employment relationship.
Compensation for earnings based on the birth and care of a child is realized for a period of 12 months (one year) for the first and second child, and for two years for the third and each subsequent child.
The base for other allowances based on the birth and care of a child is determined in proportion to the sum of the monthly bases on which contributions were paid, except for the base of contributions for income that has the character of earnings, for the last 18 months preceding the first month of leave due to complications related to maintaining pregnancy. or maternity leave, if the leave was not used due to complications related to maintaining the pregnancy, i.e. the day of the child’s birth.
Termination of maternity leave
The employer with whom the mother is employed during maternity leave and child care leave has no right to terminate her employment during that period.
During pregnancy and maternity leave, the employer cannot terminate the employment contract or declare her redundant.
In other words, the company as an employer is obliged to have a maternity woman on the company’s employee records.
On the other hand, she has the right to change her employer and look for another job. If there is a change, the payment of salary compensation will not change, nor will it be stopped. He will also exercise this right at his new employer, and then continue to receive salary compensation for the remaining period of leave he uses.
Another right that every pregnant woman has is to submit a request for the termination of the right to the payment of salary compensation for the period of maternity leave and leave from work for the care of the child, before the expiry of the duration.
For all additional information about maternity leave and personnel issues related to human resources, the accounting agency HLB TM DOO can offer you comprehensive solutions for correct and timely calculation of payroll services. Contact us.
