Paternity Leave
In the event of the birth of a child, the father shall be entitled to 10 working days' leave (=apasági szabadág), to be granted in no more than 2 installments, at the latest by the end of the 2nd month following the month in which the child was born, or in which the decision authorizing the adoption becomes final. (Labor Code 118 § (4) [https://njt.hu/jogszabaly/2012-1-00-00])
Who is entitled to Paternity Leave?
The father of the child.
He is entitled to Paternity Leave regardless of his seniority with the company, or the type of his employment contract (permanent/fixed-term; full-time/part-time), etc.
The father is also entitled to Paternity Leave in case the child is stillborn or dies.
The Paternity Leave is also applicable when the father is unmarried or divorced; or when he doesn’t live in the same household as the child, noting that the child is raised and cared for in the parents' own household, alternately, for the same period.
Duration of Paternity Leave:
10 working days (even when there is a twin-birth)
Usage of Paternity Leave:
The EE can use the Paternity Leave in no more than 2 installments, at the latest by the end of the 2nd month following the month in which the child was born, or in which the decision authorizing the adoption becomes final.
Payment during the Paternity Leave:
The father is entitled to 100% of the absence fee for the first 5 days of the Paternity Leave, and 40% of the absence fee for the remaining 5 days.
Who pays for Paternity Leave?
It is the employer.
For the first 5 days of the Paternity Leave, the amount of the absence fee + the employer's contributions will be reimbursed to the Employer from the central budget.
The employer can request the reimbursement 4 times per year (by March 31, by June 30, by Sept 30, and by Dec 31).
The Authorities approves and transfer the payment within 15 days. (this is managed by the HUN payroll vendor)
How to request Paternity Leave?
The EE needs to fill out a form (saved for Ops in this folder on GDrive [https://drive.google.com/drive/folders/1hfqdML8Mf1NTxJcizBUCzK7j-MYL8u5v])
Also, the birth certificate needs to be attached to the form
Obligation of the employer in case of Paternity Leave:
The employer must keep a record of Paternity Leave. The HUN payroll vendor should keep a record of it.
The record must contain:
The name of the EE
The number of requested days and its dates
The calculation and the amount of the absence fee, plus the employer contributions.
If the employee changes jobs, the employer must issue a certificate of the Paternity Leave duration and the number of days already issued.
Special rules for Paternity Leave:
In case of termination: the employer must justify the termination if the termination happens due to Paternity Leave.
The employer cannot terminate the employment during the Paternity Leave. (However, MTA and EE Resignation are still options!)
The duration of the Paternity Leave cannot be pro-rated.
The Paternity Leave is not necessarily granted only in the year in which it is due. E.g.: if the Paternity Leave starts on Dec. 28., it can be continued in January next year, without any issue.
The employer mustn’t postpone the granting of Paternity Leave for reasons of exceptional economic importance or for reasons directly and seriously affecting the employer's operations. Also, the employer mustn’t request the EE to stop his Paternity Leave and return to work before the end of the leave.
In case of offboarding, the remaining Paternity Leave is not paid out, since the EE is entitled to use their remaining days with their new employer, too. In this case, WM needs to issue a document describing how many days from the Paternity Leave were used during the employment, so the next employer will be informed about the number of remaining days they can provide to the EE.
Parental Leave
The parent (both father & mother) is entitled to 44 working days of Parental Leave up to the age of 3.
The Parental Leave is optional, it is not mandatory to use it.
Who is entitled to Parental Leave?
To be eligible for Parental Leave, the EE must have been employed for one year. (Labor Code 118/A (2) [https://njt.hu/jogszabaly/2012-1-00-00])
Duration of Parental Leave:
44 working days
Usage of Parental Leave:
The EE is free to decide on when and how many installments they want to use the Parental Leave.
The employer must approve the EE's request (cannot decline it).
Payment during the Parental Leave:
The EE is entitled to 10% of the absence fee during the Parental Leave but this amount must be reduced by the amount of GYED or GYES paid to the worker for this period.
How to request Parental Leave?
The EE needs to fill out a form (saved for Ops in this folder on GDrive [https://drive.google.com/drive/folders/1YiPALg4UWwc9pS9aKrLRhw4-IZ_3htvZ])
Obligations of the employer in case of Parental Leave:
The employer must keep a record of Parental Leave. (WM can track this internally, and also, the payroll vendor should keep a record of it)
If the employee changes jobs, the employer must issue a certificate of the Parental Leave duration and the number of days already issued.
Special rules for Parental Leave:
In case of termination: the employer must justify the termination if the termination happens due to Parental Leave.
The employer cannot terminate the employment during the Parental Leave. (However, MTA and EE Resignation are still options!)
The duration of the Parental Leave is counted as time spent at work when defining the severance entitlement. (Labor Code 77§ (2) a. [https://njt.hu/jogszabaly/2012-1-00-00])
The duration of the Parental Leave cannot be pro-rated.
The Parental Leave is not necessarily granted only in the year in which it is due. E.g.: if the paternity leave starts on Dec. 28., it can be continued in January next year, without any issue.
The employer mustn’t request the EE to stop his paternity leave and return to work before the end of the leave.
In case of offboarding, the remaining Parental Leave is not paid out, since the EE is entitled to use their remaining days with their new employer, too. In this case, WM only needs to issue a document describing how many days from the paternity leave were used during the employment, so the next employer will be informed about the number of the remaining days they can provide to the EE.