How to Send a Latvian Dad on Parental Leave 0

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How to Send a Latvian Dad on Parental Leave
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“I work in a municipal institution, my wife is a private entrepreneur. We are expecting a family addition in January, after which she wants to return to active work as soon as possible so as not to lose her business. Can I, as the father, take parental leave instead of her, and is the employer legally obliged to keep my job for me after this leave? Reader bb.lv”

Alevtina Grigorenko, lawyer:

– According to Article 156 of the Labor Law (“Parental Leave”):

Every employee has the right to parental leave in connection with the birth or adoption of a child. Such leave is granted for a period of no more than one and a half years until the child reaches the age of eight (part 1).

Parental leave, at the request of the employee, is granted in full or in parts. The employee must notify the employer in writing one month in advance about the start and duration of parental leave or its part. A part of the leave cannot be shorter than one continuous calendar week (part 2).

The time that the employee spends on parental leave is counted towards the total length of service (part 3).

The employee on parental leave retains their previous job. If this is not possible, the employer must provide similar or equivalent work with no less favorable working and employment conditions (part 4).

Termination of parental leave before the end of the granted period is carried out in accordance with the procedure established by the collective agreement or employment contract, or based on an agreement between the employer and the employee. The employee has the right to return to work by notifying the employer at least two weeks in advance if, due to objective circumstances, the need for further parental leave has ceased (part 5).

Without affecting the rights provided in parts one and two of this article, the employee has the right to request the possibility of flexible use of parental leave. The employer is obliged to consider such a request from the employee and inform the employee about the possibilities of flexible use of parental leave no later than one month from the date of receipt (part 6).

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