Novelties in Employment Law 2021

With the popular vote of September 29, 2020 the introduction of a paternity leave was resolved (2 weeks or 10 working days). The introduction as of January 1, 2021 will take place through an amendment to the Ordinance to the Employment Compensation Act (EOG). In the future, employees will have the right to take the two-week leave flexibly within six months after the birth of their own child. Accordingly, the entitlement to paternity compensation does not expire if the employee resumes his occupational activity (as is the case with maternity compensation).

Compensation is paid to fathers who, at the time of the child's birth, are alternatively:

1. employed (employee or self-employed); or
2. unemployed and receive a daily allowance from the unemployment insurance; or
3. engaged in public service (e.g. military or civil service); or
4. incapacitated for work (illness, accident, or disability) and therefore receive daily benefits from a social or private insurance plan.

In addition, the claimant must have (1) been insured under the Old-age and Survivors Insurance during the nine months preceding the birth and (2) must have been employed for at least five months during that period.