Returning from Parental Leave:

Returning from parental leave brings several key obligations for the employer under Czech legislation. Until the child reaches two years of age, the employee must be placed back into her original job position and workplace, whereas after two years it is sufficient to provide a position corresponding to the employment contract.

During parental leave, a protective period applies, meaning the employer cannot give notice of termination, except for exceptional cases such as closure of the business or gross breach of duties. If the employer cannot assign work, an obstacle to work arises with entitlement to 100% of average earnings. The employer must also respond to a request for reduced working hours; refusal is possible only for serious operational reasons and must be justified in writing.

Basic employer obligations when returning from parental leave

Let’s return to the second quarter of 2026 — a number of important changes concerning the protection of parents and their rights have just come into effect. The most important change was brought by the above-mentioned “flexinovela” amendment: the employer is now obliged to keep the employee’s job not only after maternity leave, but also after parental leave — but with one fundamental time limitation.

The basic principle is clear: the employer must ensure that the employee can return to work. That sounds simple, but in practice it means a number of specific obligations that differ depending on when the employee returns.

Return before the child turns two – guarantee of the original position

If the employee returns from parental leave before the child reaches two years of age, the employer is obliged to place her back into her original job position and workplace. This means the same position she held before.

This right is absolute; there are no exceptions that would allow the employer to place the employee in a different position if the original position still exists. If the original job position or workplace has ceased to exist or has been abolished in the meantime, the employee is entitled to work corresponding to her employment contract (type of work, place of work).

If the employer cannot assign even such work, an obstacle to work arises on the employer’s side, with the employee entitled to 100% of her average earnings.

How does this work in practice? If the employee was the head of the sales department in an office in Prague and is now returning from parental leave, she must return as head of the sales department in Prague — not to some other position, even if it is nominally “corresponding”.

The decisive factor is the child’s age on the day of return. If the second birthday falls on a Saturday and the employee works Monday to Friday, she will return on the Monday after that birthday, which already falls into the “after two years” phase.

Pay close attention to this: the return date must be at least one day before the child’s second birthday for the employee to still have the right to the original position. If this is overlooked, the guaranteed position is lost.

Return after the child turns two – work according to the employment contract

If the employee returns from parental leave after the child reaches two years of age, the employer is no longer obliged to place her in the exact same position. Instead, the employer must assign the employee work corresponding to the employment contract — i.e., the type of work and the place of work agreed in the employment contract.

What is the practical impact? The employer may offer you a different position if it falls within the agreed type of work. If the employment contract states “sales manager in the Czech Republic”, the employer may move you to another department or another city, as long as it still falls within sales.

This is not arbitrary — but it is substantially broader discretion than in the case of a return before two years. In situations where the employer truly cannot assign even such work (due to the abolition of a department, restructuring, reduction in positions, etc.), an obstacle to work arises on the employer’s side.

In such a case, the employer must pay 100% of average earnings until the employment ends or the obstacle is removed.

Protective period and prohibition of termination

One of the most important legal protection tools for an employee during parental leave is the protective period, during which the employer cannot unilaterally terminate the employment by notice.

Specifically: during parental leave, the employer must not give notice of termination. There are only very rare exceptions — for example, dissolution of the employer (liquidation of the company), relocation of the employer to another location (and even that has limitations), or gross breach of duties by the employee.

Common reasons such as redundancy, reorganisation, or economic reasons are not sufficient. What happens if the employer gives notice anyway? The notice is invalid.

The employee may insist that the employer continue to employ her. Formally, the employee must assert the invalidity — ideally in writing to the employer, noting that the protective period continues and that the notice therefore breaches Czech law.

If the employer does not comply, the employee may go to court with a claim for invalidity of the notice. In practical cases, what documents should the employee have?

Minutes from meetings with the employer, emails regarding the parental leave request, a decision of the Labour Office (Úřad práce) granting parental allowance — all of these can serve as evidence that she was within the protective period.

When the protective period starts and where it ends

The protective period applies from the beginning of pregnancy, during maternity leave, and during parental leave taken by the employee (mother or father).

An interesting situation: if an employee returns from parental leave earlier than originally planned (e.g., returns after one year), the protection period ends on the day of her return.

From that moment, the employer can theoretically give notice – but only after some time. After returning from parental leave until the child reaches the age of 2, the employee still has the right to her original position, so termination due to redundancy would be problematic.

Prohibition on scheduling and taking annual leave during parental leave

Another part of the employer’s obligations concerns taking basic annual leave. During parental leave, the employer may not unilaterally determine when the employee will take annual leave.

So what does that mean in practice? The employer cannot “order” the employee, during parental leave, to take annual leave on specific dates.

This right arises only after the employee returns. As regards entitlement to annual leave, the period of parental leave is assessed for annual leave purposes as time worked, but only up to 20 working days in a calendar year (or a proportional part if parental leave does not last the whole year).

This means that the employee is entitled to annual leave even during parental leave, albeit to a limited extent. A special rule applies where the employee requests to take annual leave that is to follow immediately after the end of maternity leave.

In such a case, the employer must comply with the request. If the employee requests to take annual leave after the end of parental leave, the employer must comply only if the annual leave does not exceed the period for which parental leave lasted.

The employer should actively plan annual leave and warn the employee if there is a risk that it will lapse.

Option to work part-time or in flexible arrangements

The employer is obliged to assess an employee’s request for a reduced working hours arrangement or another adjustment to working time if the employee has a child under 15 years of age.

Specifically: if, after returning from parental leave, the employee requests 30 hours per week instead of the usual 40 hours, the employer must carefully consider the request and respond.

The employer cannot refuse automatically – it may do so only if the reduced hours would cause serious operational reasons.

What are “serious operational reasons”? For example, if reducing working hours would mean that obligations to clients cannot be met, that the team would break down, or that it would have a direct negative impact on how the department operates. It is not merely “it would be inconvenient” or “everyone would want it”.

The employer must justify its refusal in writing. Conversely, if there are no serious operational reasons, the employer must comply with the request. This is not a matter of loyalty or goodwill – it is a legal obligation under Czech legislation.

As for working from home or other flexible arrangements: here the employer is not strictly bound, but it should consider the options, especially in professions where it is technically feasible (administrative work, IT, project management).

Assignment of work and obstacles to work on the employer’s side

After returning from parental leave, the employer has one basic obligation: to assign work in accordance with the employment contract.

This sounds general, but in practice it means that the employer must not leave the employee without work. If the employee returns and the employer has no suitable position for her (whether because the department has been abolished or for another reason), an obstacle to work arises on the employer’s side.

What are the consequences? The employee is entitled to wage compensation in the amount of 100% of her average earnings – meaning she will receive her usual salary even though she is not working, until the obstacle is removed or until the employment relationship ends.

How long does it last? In theory, indefinitely – the Czech Labour Code addresses obstacles to work without a time limit.

In practice, however, the employer and the employee often agree on a reasonable period, after which termination of employment by agreement with severance pay is often addressed.

Flexible forms of work during parental leave – new rules

As of 1 June 2025, the rules concerning work during parental leave have changed. The key change: the employee may now, during parental leave, perform for the same employer the same type of work she did before taking leave, based on an agreement to perform work (DPP) or an agreement on work activity (DPČ).

Previously, this was not possible – an employee could work under a DPP or DPČ only if it involved a different type of work. It is now permitted, which brings flexibility for both employees and employers under Czech law.

How does it work in practice? If an employee is on parental leave and has childcare arranged, for example from 14:00 to 18:00 every day, she can agree with her employer that during those hours she will work under a DPP and perform the same work she did before.

At the same time, she will continue to receive the parental allowance (provided she meets the conditions – in particular, caring for the child). The scope of work under a DPP or DPČ is limited – a DPP may be up to 300 hours per year, while a DPČ may average half of the statutory weekly working hours (i.e., approx. 20 hours per week).

Important note: childcare must be maintained. If the child is under two years of age, they must not spend more than 92 hours per month in a preschool facility.

For children over two years of age, this limit does not apply. This limit relates to entitlement to the parental allowance, not to the employment relationship itself, but the employee will usually want to keep the allowance.

Termination of employment and severance pay

There are situations where the employer and the employee agree that continuing is not possible. How should this be handled correctly under Czech legislation?

Notice of termination after returning from parental leave

After the employee returns to work (i.e., once the protected period has ended), the employer may decide to give notice of termination if there are statutory grounds for doing so.

Most commonly, this involves redundancy, where headcount is being reduced and the employee’s position is eliminated, or organisational changes, where a department or role is reorganised, if it is not possible to offer the employee an equivalent position.

In these cases, however, the employer is obliged to pay severance, the amount of which depends on the length of employment: at least one average monthly earnings if the employment lasted less than one year; at least two average monthly earnings if the employment lasted at least one year and less than two years; at least three average monthly earnings if the employment lasted at least two years.

Important: if the employer gives notice without a statutory reason, or for a reason linked specifically to the return from parental leave (for example, “we have less work now”), they risk the court declaring the notice invalid. ARROWS attorneys in Prague could, where appropriate, prepare a legal opinion documenting whether the reason is truly objective.

Termination agreement

An alternative is to agree with the employee on a termination agreement. In the agreement, you can set a specific termination date, severance pay (it may also be higher than what the law would require), and any other rights and obligations (e.g., providing a reference, arrangements for returning company property, etc.).

The agreement must always be in writing. Note: if the employer devotes less time and care to the agreement than to a notice of termination, and the employee later claims she was not sufficiently informed about the consequences, in extreme cases she may challenge the agreement in court proceedings.

Therefore, it is sensible to precede the agreement with a consultation so that the employee is aware of her entitlements.

Employment-related entitlements – holiday, benefits, insurance

An employee returning from parental leave retains all the rights she had before leaving, and the employment relationship continues uninterrupted.

Taking holiday

For holiday purposes, the period of parental leave is assessed as time worked, but only up to 20 working days in a calendar year (or a proportional part if parental leave does not last the entire calendar year). This means that the employee is entitled to holiday even during parental leave, albeit to a limited extent.

If the employee did not use her basic holiday entitlement during parental leave, her right to it remains. Unused holiday may be carried over to the following calendar year if it was not possible to take it due to obstacles at work (including parental leave).

The employer should actively plan holiday taking and notify the employee if there is a risk of it expiring.

Practical tip: if the employee returns in the summer and still has unused holiday from last year (exceeding the 20-day limit mentioned above) plus this year’s entitlement, the employer should consult with her on the schedule.

It is not an obligation to “punish” her by making her take holiday only in October – it should be a pragmatic solution.

Social security and health insurance

During parental leave, the state pays the employee’s health insurance contributions. After she returns to work, the employer assumes full responsibility for paying health and social security contributions from the employee’s income, as with other employees.

No special “re-registration” as a new employee is required. The state pays health insurance for a person on parental leave for the entire calendar month in which this status applied, even if only for part of the month.

Contributions for an employee with parental responsibilities

During the period when the employee is working and has a child under 15 years of age, there are statutory entitlements to adjustments of working conditions (as mentioned above).

The employer should distinguish this group of employees and handle their requests transparently.

Final summary

Returning from parental leave is not merely a formality – it is the moment when specific legal obligations of the employer come into play, and they cannot be circumvented. A key change since last year: if an employee returns before the child reaches the age of two, she has a guaranteed right to return to her original position and workplace – a new right that also applies to employees who took parental leave before the flexinovela took effect.

After the child turns two, the protection is reduced – the employer must assign work in accordance with the employment contract, but not necessarily in the original position.

During parental leave, the employer must not give notice of termination, must not determine the taking of annual leave, must seriously consider a request for reduced working hours, and if it cannot assign work, it must pay 100% of the average earnings.

Breaching these obligations may result in the invalidity of legal acts, financial penalties, and court disputes. It is sensible for employers to prepare in advance – map out exactly how they will proceed, what position they will offer, and how they will address any potential obstacles.

If you are unsure, contact the lawyers at ARROWS advokátní kancelář (office@arws.cz) to discuss how to proceed safely and without the risk of breaching Czech law.

Read also:

• Family Care Benefits in Czech Employment Law: Employer Duties and Risks
• Czech Employment Law: Reassignment Duty Before Termination Notice
• Preparing for Czech Labour Inspectorate Inspections: Key Risks and Documents
• DPP vs DPČ vs Employment Contract: Choosing the Right Czech Work Arrangement
• April 2026 Changes to Czech DPP/DPČ: New Thresholds, Reporting and Fines