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Employment Contracts Act

Passed 17.12.2008
RT I 2009, 5, 35
Entry into force 01.07.2009

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§ 21.  Business trip

 (3) A pregnant woman and an employee raising a child under three years of age or a disabled child may be sent on a business trip only with his or her consent.

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§ 59.  Pregnancy and maternity leave

 (1) A woman has the right to pregnancy and maternity leave of 140 calendar days.

 (2) The leave specified in subsection (1) of this section becomes collectible at least 70 calendar days before the estimated date of birth determined by a doctor or midwife.
[RT I 2009, 29, 176 - entry into force 01.04.2010]

 (3) If a woman starts using pregnancy and maternity leave less than 30 days before the estimated date of birth determined by a doctor or midwife, the pregnancy and maternity leave is shortened by the respective period.
[RT I 2009, 29, 176 - entry into force 01.04.2010]

 (4) There is a right to obtain compensation for pregnancy and maternity leave in accordance with the Health Insurance Act.

§ 60.  Paternity leave

  A father has the right to receive total of ten working days of paternity leave during the two months before the estimated date of birth determined by a doctor or midwife and during the two months after the birth of the child. Paternity leave shall be remunerated on the basis of his average wages but no more than three times the average gross monthly salary in Estonia on the basis of data published by the Statistics Estonia concerning the next to last quarter from the quarter when the holiday was used.
[RT I 2009, 36, 234 - entry into force 01.01.2013]

§ 61.  Adoptive parent leave

  An adoptive parent of a child under 10 years of age has the right to adoptive parent leave of 70 calendar days as of the date of entry into force of the court judgement approving the adoption. There is a right to obtain compensation for such a period in accordance with the Health Insurance Act.

§ 62.  Child care leave

 (1) A mother or father has the right to child care leave until his or her child reaches the age of three years. Child care leave may be used by one person at a time.

 (2) Child care leave may be used in one part or in several parts every year. It is presumed that an employee notifies the employer of taking child care leave or interrupting child care leave 14 calendar days in advance, unless the parties have agreed otherwise.

 (3) If a parent has been deprived of parental rights or if his or her child lives in a social welfare institution, the parent does not have the right to child care leave.

 (4) For the period of child care leave an employee has the right to parental benefit and child care allowance in accordance with the Family Benefits Act.
[RT I, 08.07.2016, 1 - entry into force 01.01.2017]

§ 63.  Child leave

 (1) Each calendar year a mother or father has the right to receive child leave which shall be remunerated on the basis of the minimum wage established by the Government of the Republic:
 1) for three working days if she or he has one or two children under 14 years of age;
 2) for six working days if she or he has at least three children under 14 years of age or at least one child under three years of age.
[RT I 2009, 5, 35 - entry into force 01.01.2013]

 (2) In addition to the child leave provided for in subsection (1), a mother or father of a disabled child has the right to child leave of one working day per month until the child reaches the age of 18 years, which is remunerated for on the basis of the average wages.

 (3) In the year the child turns three, 14 and 18 year of age, child leave is granted regardless of whether the birth date of the child falls before or after the leave.

 (4) If a parent has been deprived of parental rights or if his or her child lives in a social welfare institution, the parent does not have the right to child leave.

 (5) A claim for child leave expires after the end of the calendar year in which the claim became collectible.

§ 64.  Child leave without pay

 (1) 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.
[RT I, 10.02.2012, 1 - entry into force 20.02.2012]

 (2) A claim for child leave without pay expires after the end of the calendar year in which the claim became collectible.

§ 65.  Right of guardian and caregiver to child care leave, child leave and child leave without pay

 (1) A guardian and a person with whom a foster care agreement has been entered into has the right to the child care leave, child leave and child leave without pay prescribed in this Division.

 (2) The actual caregiver of a child has the right to the child care leave prescribed in section 62 of this Act.

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§ 69.  Holiday schedule

(7) The following persons have the right to demand annual holiday at a suitable time:
 1) a woman immediately before and after pregnancy and maternity leave or immediately after child care leave;
 2) a man immediately after child care leave or during the pregnancy and maternity leave of a woman;
 3) a parent raising a child of up to seven years of age;
 4) a parent raising a child of seven to ten years of age – during the child’s school holidays;
 5) a minor subject to the obligation to attend school – during school holidays.

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§ 89.  Extraordinary cancellation of employment contract by employer for economic reasons

 (5) Upon cancellation of an employment contract due to lay-off, except in the cases specified in subsection (2) of this section, the employees’ representative and an employee who is raising a child under three years of age have the preferential right of keeping their job.

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§ 92.  Restrictions on cancellation

(2) If an employer cancels an employment contract with an employee who is pregnant or raising a child under three years of age, it shall be deemed that the employment contract has been cancelled on the ground specified in clause (1)1) or 2) of this section, unless the employer proves that it cancelled the employment contract on a basis permitted in this Act.

§ 93.  Specifications for cancellation of employment contract with a pregnant woman or person raising a child being below the age of three years

 (1) An employer may not cancel an employment contract with a pregnant woman or a woman who has the right to pregnancy and maternity leave, or a person who is on child care leave or adoptive parent leave due to lay-off, except upon cessation of the activities of the employer or declaration of the employer’s bankruptcy if the activities of the employer cease or upon termination of bankruptcy proceedings, without declaring bankruptcy, by abatement.
[RT I 2009, 36, 234 - entry into force 01.07.2009]

 (2) An employer may not cancel an employment contract with a pregnant woman or a woman who has the right to pregnancy and maternity leave due to a decrease in the employee’s capacity for work.

 (3) The provisions of subsections (1) and (2) of this section shall be applied only if the employee has notified the employer of her pregnancy or of the right to pregnancy and maternity leave before receipt of a declaration of cancellation or within 14 calendar days thereafter. At the request of the employer the employee shall submit a certificate confirming pregnancy issued by a doctor or midwife.
[RT I 2009, 29, 176 - entry into force 01.04.2010]

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