PARENTAL LEAVE:
PARENTAL COMPENSATION
- maternity benefit
- paternal benefit
- benefit for care and protection of a child
- adoption benefit
Persons who have the right to parental leave and prior to the day of starting parental leave were insured for parental protection have the right to parental benefits.
The right is also held by persons who do not have the right to parental leave if they were insured for parental protection for at least 12 months in the 3 years prior to exercising the right to parental compensation.
The right to parental compensation excludes receipt of other benefits under regulations governing health insurance and insurance against unemployment, payment of contributions because of working shortened working time because of parenthood and receipt of part pay for lost income. The right to receipt of other benefits is in abeyance during this time.
Those entitled to parental compensation who ceased employment during the period of duration of parental leave, are covered by compulsory pension and disability insurance, compulsory health insurance and insurance against unemployment and for parental protection. The contribution of the insured person is paid by the recipient and the employer's contribution by the Republic of Slovenia.
RIGHT TO PART-TIME WORKING
The right to work part-time is held by one of the parents who is caring for and protecting a child up to three years of age. One of the parents who cares for and protects two children may exercise the right to part-time working up the age of six years of the younger child. One of the parents who cares for and protects a child with a severe motor handicap or moderate to severe mentally handicapped child, may extend the right until the child is 18 years of age. The aforementioned right may be extended on the basis of the opinion of a medical commission.
Part time working must involve at least half of working obligations (20 hours a week). The right and the method of use of the right to part-time working because of parenthood are agreed by employer and employee by contract.
RIGHT TO PAYMENT OF SOCIAL SECURITY CONTRIBUTIONS
The right to payment of social security contributions is held by a person who files an application for exercising the right to part-time working. The employer guarantees the applicant the right to payment according to actual working duties, and the Republic of Slovenia guarantees payment of social security contributions based on full working time. The RS pays the contributions of the insuree and employer for compulsory pension and disability insurance, unemployment insurance, insurance for parental protection, health insurance and contributions for sickness and injury outside work, for the right to health services, payment of travelling costs, a funeral grant and death grant.
One of the parents who, on the basis of their activities, pays his or her own social security contributions for at least 20 hours weekly, and protects and cares for a child up to the age of three years, also has the right to payment of social security contributions on a proportional share of the minimum wage. One of the parents who, on the basis of their activities, pays his or her own social security contributions for at least 20 hours weekly, and protects and cares for a child with a serious motor handicap or a moderate to severe mentally handicapped child up to the age of 18 years, also has the aforementioned right. In this case the right is exercised on the basis of an opinion of a medical commission.
In the aforementioned cases, the Republic of Slovenia guarantees payment of contributions for social security to full working time. The Republic of Slovenia pays the contributions of the insuree and employer for compulsory pension and disability insurance, unemployment insurance, insurance for parental protection, health insurance and contributions for sickness and injury outside work, for the right to health services, payment of travelling costs, a funeral grant and death grant.
PAYMENT OF CONTRIBUTIONS IN THE CASE OF FOUR OR MORE CHILDREN
One of the parents who leaves the labour market because of protection and care of four or more children has the right to payment of social security contributions based on the minimum wage, until the youngest child has completed ten years of age. A person abandons the labour market if he or she ceases employment by agreed annulment or cancellation of an employment contract on their part, or if at their own request they are removed from the unemployment register.
Parental compensation of personal income is an individual benefit that derives from insurance for parental protection
Maternity leave
Maternity leave is intended for preparation for giving birth and care and protection of the child immediately after birth. The mother has the right to maternity leave but under certain conditions, this right may also be exercised by the father or another person.
The mother must start maternity leave 28 days before the anticipated date of birth, which is specified by a gynaecologist. If the mother does not start maternity leave at that time, the unused part of maternity leave may not be used after the child's birth, unless the birth was premature.
If the mother has still not started maternity leave on the day of birth, she commences it on the day the child is born.
Maternity leave lasts 105 days and must be used in a single block of time in the form of complete absence from work.
The father has the right to maternity leave, if:
- the mother dies
- the mother abandons the child
- the mother is deemed by a competent physician to be permanently or temporarily incapable of independent life and work
- the mother is younger than 18 years and has the status of apprentice, pupil or student. In such a case the mother must give her consent for the father to make use of the remaining maternity leave.
The father has the right to maternity leave of the same extent as the mother, reduced by the number of days that the mother has already used this right, and by at least 28 days. If a mother younger than 18 years, with the status of apprentice, pupil or student, has given consent for the father of the child to use the maternity leave, the leave lasts 77 days and is reduced by the number of days of age of the child when the father commences maternity leave. The father only has the right to maternity leave if he actually cares for and protects the child.
Another person has the right to maternity leave in a case in which a mother younger than 18 years with the status of apprentice, pupil or student has given her consent for one of the grandparents to exercise the right to maternity leave. In this case the maternity leave lasts 77 days, reduced by the number of days of age of the child when the other person commences maternity leave. In a case in which the mother or father has already used part of the maternity leave, the maternity leave of the other person is reduced by the number of days already used by the mother or father.
Paternal leave
Paternal leave is intended for fathers to be able share with the mother the child's care and protection during the child’s most sensitive period. This right is not transferable. Paternal leave lasts 90 days. The father must use the paternal leave:
- lasting at least 15 days in the form of full absence from work up until the age of the child of six months. The father receives wage compensation for these 15 days
- lasting 75 days in the form of complete absence from work up until the child is 3 years of age.
The father may use paternal leave in a single time block or by individual days. If the father uses the paternal leave by days, the duration of the right is specified in working days in such a way that 70% of the relevant calendar days of paternal leave are recognised. This means that for 90 calendar days of paternal leave, there are 63 working days of parental leave, and for 15 calendar days of paternal leave there are 11 working days of paternal leave.
When the mother does not have the right to maternity leave and the father does not exercise this right, the father must use the right to 15 days paternal leave by the time the child is 77 days of age.
Leave for care and protection
The right to leave for care and protection may be exercised by both parents, and under legally specified conditions also other persons. Leave for care and protection follows immediately after maternity leave and is intended for the further care and protection of the child. The parents agree in writing on the use of the leave for care and protection, 30 days prior to the end of maternity leave. The agreement on the use of leave for care and protection may also be changed under certain legally specified conditions.
If the parents cannot agree on the use of leave for care and protection, a social work centre decides this, taking into account the welfare of the child. Leave for care and protection of a child lasts 260 days.
In exceptional cases, leave for care and protection may also last longer:
- leave is extended by 90 days for the birth of twins
- for each additional live born child, leave is extended by a further 90 days
- for a premature birth, leave is extended by the number of days that the pregnancy was shorter than 260 days
- for the birth of a child needing special care and protection leave is extended by 90 days (on the basis of the opinion of a medical commission)
- in a case in which the parents at the time of the birth are already providing care and protection to 3 children below the age of 8 years, leave is extended by 60 days
- in a case in which the parents at the time of birth are already providing care and protection to 4 or more children below the age of 8 years, leave is extended by 90 days
Part of the leave for care and protection of children lasting a maximum of 75 days may be transferred and used up until the age of 8 years of the child.
In a case in which a disturbance is found in the child's physical or mental development or extended serious illness of the child after the right to care and protection has been used, and the child is not yet 18 months, one of the parents has the right to 90 days leave for care and protection from the day of recognition of this right.
Adopter's leave
Adopter's leave is intended for one or both adopting parents to be able to devote themselves in full to the child immediately after adoption. The right to adopter's leave may be used in a single time block with full or partial absence from work. One or both parents may use the leave simultaneously, whereby the total duration of adopter's leave may not last longer than 150 days or 120 days.
Adopter's leave lasts:
- 150 days for a child aged from 1 to 4 years
- 120 days for a child aged from 4 to 10 years
Adopter's leave starts not later than 30 days after placing the child in the family for the purpose of adoption.
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