What Does 'Permanent Childcare' Mean In The Newly Amended Slovakian Labour Code?

The Slovak Labour Code has introduced a new entitlement to at least five weeks' leave for employees under 33 who take permanent care of a child, but what does 'permanent childcare' mean? This article examines the question.

At the end of November last year, we informed you about an amendment to the Labour Code, effective from 1 January 2020, which introduces at least five weeks of holiday for employees under the age of 33 who are permanently responsible for looking after a child ( see here). As anticipated, this amendment has raised questions in the absence of a definition of 'permanent childcare'. Taking into account the National Labour Inspectorate (NLI)'s opinion, this article provides a closer overview of the issue, especially the interpretation of the term itself and the various situations in which the entitlement to increased holiday could be assessed.

Permanent childcare includes, specifically, the child's upbringing, health care, nutrition and all-round development. Both parents are entitled to an increased holiday allowance as long as they provide permanent care for the child, regardless of whether or not they live together with the child. However, a parent who does not live in the same household with a child needs to prove that his or her care for the child is significant and not just occasional. The aim of the legislative change was to give more free time and space to unwind for employees who do not have time to rest after work, because of their childcare responsibilities, and not to reward employees who just have the status of 'parent'.

Permanent care will not cover cases where a court order regulates 'only' contact with a child (or only maintenance payments) for one of the parents. Where the parents have alternating custody and care, the assessment of the employee's entitlement should...