According to the Labour Code amendments which enter into force as of July 1st 2018, an employee who has adopted a child (5 years old or younger) has the right to take maternity leave for a period of 365 days as of the day the child was adopted. If the maternity leave is given pursuant the previous legislation and has not ended on the date the amendment enters into force, the adopting parents are entitled to a leave for the remainder of 365 days until the child reaches the age of 5. If the parental leave had already ended before July 1st 2018 the adoptive parents are entitled to a leave for the remainder of 365 days and the sum of the used and ongoing maternity leaves.
The adoptive father could take maternity leave instead of the adoptive mother with her consent after 6 months as of the adoption. If the father is unknown – the maternity leave can be used by one of the mother’s parents. If the father is dead – the leave can be used by one of his or of the mother’s parents. When the adoptive parents are married, the husband has the right to use a 15 -day leave when adopting a child at an age of up to 5 years on the date of and the adoption but not later than reaching the age of 5.
The amendments of the Labour Code will result in changes in The Ordinance on the Working time, Rests and Leaves and the Ordinance on Cash Benefits and Social Security Payments.