Maternity, paternity and parental leave in Estonia

How long is maternity leave and when does it start?

Maternity leave lasts up to 100 calendar days and requires a maternity certificate issued under the Family Benefits Act (TLS § 59 lg 1) [1]. The certificate is issued at your request by a gynaecologist, family doctor or midwife (PHS § 46 lg 6¹) [7].

• Start. Maternity leave can be claimed from 70 calendar days before the expected date of birth set by a doctor or midwife (TLS § 59 lg 2) [1]. If you start the leave later, it is shortened by the corresponding period (TLS § 59 lg 3) [1].
• Premature birth. If the child is born more than 70 calendar days before the expected date of birth, you are entitled to 100 consecutive calendar days of maternity leave from the child's date of birth (TLS § 59 lg 4) [1].
• Notice. The employer must be notified of maternity leave at least 30 calendar days in advance, unless agreed otherwise; this does not apply if notice cannot reasonably be expected in the circumstances (TLS § 59 lg 6) [1].

During maternity leave, the mother's parental benefit (ema vanemahüvitis) is paid for up to 100 consecutive calendar days, of which up to 70 calendar days before the expected date of birth (PHS § 35 lg 3) [8]. An employee receives it only for the period of maternity leave, and only if the leave data have been entered in the employment register (töötamise register) (PHS § 35 lg 7) [8]. If you start the mother's benefit later, but no later than the 31st calendar day before the expected date of birth, the calendar days in between are added to the shared parental benefit period (PHS § 35 lg 4) [8].

Who is entitled to paternity leave?

The father is entitled to 30 calendar days of paternity leave, in one go or in parts, in the period from 30 days before the expected date of birth until the child turns three; the employer may refuse to grant a part shorter than seven calendar days (TLS § 60 lg 1) [2]. If there are no data on the father, or the father has died, does not fulfil the duty to raise the child or gives written notice waiving the father's parental benefit, the mother's spouse or registered partner is entitled to paternity leave (TLS § 60 lg 2) [2].

The employer must be notified of paternity leave at least 30 calendar days in advance, unless agreed otherwise (TLS § 60 lg 4) [2]. The father's parental benefit (isa vanemahüvitis) is paid for 30 calendar days (PHS § 36 lg 2) [9]; an employee receives it only for the period of paternity leave, if the leave data have been entered in the employment register (PHS § 36 lg 3) [9].

How do parental leave and parental benefit work?

A parent raising a child in Estonia is entitled to parental leave, and one person may use it at a time, except when both parents receive the benefit simultaneously (TLS § 62 lg 1) [3]. The leave may be used until the child turns three (TLS § 62 lg 2) [3]; the employer is notified of starting or interrupting it at least 30 calendar days in advance, unless agreed otherwise (TLS § 62 lg 3) [3]. For the time of parental leave, the employee is entitled to parental benefit (TLS § 62 lg 5) [3].

• Types and duration. The types are the mother's parental benefit, the father's parental benefit, shared parental benefit (jagatav vanemahüvitis) and the adoptive parent's parental benefit (PHS § 34 lg 1) [4]. Shared parental benefit is as a rule paid for 475 calendar days (PHS § 37 lg 1) [10], and for 515 calendar days to a person not entitled to the mother's benefit before the birth (PHS § 37 lg 2) [10]; the mother receives it after her right to the mother's benefit ends, and the father after his right to the father's benefit ends (PHS § 37 lg 3) [10].
• Both parents at once. Both parents may receive parental benefit at the same time for up to 60 calendar days (PHS § 34 lg 3 p 1) [4], but the total period is reduced by the days of simultaneous receipt (PHS § 34 lg 4) [4].
• Amount. Parental benefit for one calendar day is 100 percent of the average monthly income on which social tax was paid, divided by 30 (PHS § 39 lg 1 and 7) [11].
• Upper and lower limits. The monthly ceiling of parental benefit is twice the average monthly income subject to social tax in Estonia in the year before last, counted from the year of the child's birth (PHS § 40 lg 1) [12]. If the average income is below the minimum wage, the daily benefit equals the minimum wage divided by 30 (PHS § 42 lg 1) [13]; if there was no income subject to social tax, the benefit rate (hüvitise määr) is paid (PHS § 41 lg 3) [14].

Can an employer dismiss a pregnant employee or a parent at home with a child?

The employer may not terminate the employment contract because the employee is pregnant or entitled to maternity leave, or because the employee is using paternity leave, parental leave or other leave under TLS §§ 60–65¹ (TLS § 92 lg 1 p 1 and 2) [5]. If the employee is pregnant or raising a child under three and the employer does not prove a lawful ground, the contract is deemed terminated for a prohibited reason (TLS § 92 lg 2 p 1) [5].

A pregnant woman, a woman entitled to maternity leave and a person using paternity, adoption or parental leave may not be made redundant, except when the employer's activity ends and in certain bankruptcy cases (TLS § 93 lg 1) [6]. This protection applies if the employee informed the employer before receiving the notice of termination or within 14 calendar days after it (TLS § 93 lg 3) [6]. Terminating the contract of a pregnant employee or one entitled to maternity leave is void even if she missed that deadline for reasons beyond her control (TLS § 104 lg 2) [15].

An action in court or an application to the labour dispute committee (töövaidluskomisjon) to establish that the termination is void must be filed within 30 calendar days of receiving the notice of termination (TLS § 105 lg 1) [16]. If the action or application is not filed in time and the deadline is not restored, the termination is valid from the start (TLS § 105 lg 2) [16]. If, after a void termination, the court or committee nevertheless ends the contract with a pregnant employee or one entitled to maternity leave, the employer pays compensation of 12 months' average wages; the court or committee may change the amount in view of the circumstances (TLS § 109 lg 2) [17].

What the law says

• „Naisel on õigus saada emapuhkust kuni 100 kalendripäeva, kui tema kohta on väljastatud sünnitusleht perehüvitiste seaduse alusel.“ [1] (translation: a woman is entitled to maternity leave of up to 100 calendar days if a maternity certificate has been issued for her under the Family Benefits Act; TLS § 59 lg 1) – the certificate is the condition for the leave.
• „Emapuhkus muutub sissenõutavaks 70 kalendripäeva enne arsti või ämmaemanda määratud eeldatavat lapse sünnikuupäeva.“ [1] (translation: maternity leave becomes claimable 70 calendar days before the expected date of birth set by a doctor or midwife; TLS § 59 lg 2).
• „Ühe kalendripäeva vanemahüvitise suurus on 100 protsenti käesoleva paragrahvi lõigete 1–6 alusel arvutatud ühe kalendrikuu keskmisest tulust jagatuna 30-ga.“ [11] (translation: parental benefit for one calendar day is 100 percent of the average monthly income calculated under subsections 1–6 of this section, divided by 30; PHS § 39 lg 7) – the benefit is calculated from earlier income subject to social tax.

What to do

1. Ask a gynaecologist, family doctor or midwife to issue the maternity certificate (PHS § 46 lg 6¹) [7]; it is the condition for maternity leave (TLS § 59 lg 1) [1].
2. Notify your employer of maternity, paternity or parental leave at least 30 calendar days in advance, unless agreed otherwise (TLS § 59 lg 6; TLS § 60 lg 4; TLS § 62 lg 3) [1] [2] [3].
3. The Social Insurance Board (Sotsiaalkindlustusamet) informs the employer of your application for maternity or paternity leave, with the start and end dates; if the employer does not agree with these dates, it informs the Board within five calendar days (PHS § 46 lg 8) [7].
4. Check that the leave data have been entered in the employment register – otherwise the mother's or father's benefit is not paid (PHS § 35 lg 7; PHS § 36 lg 3) [8] [9]. The benefit is granted from the day the right arises if the necessary data reach the Board within six months of the day the right arises (PHS § 46 lg 1) [7].
5. If you are pregnant, tell your employer: the protection against redundancy applies if you inform the employer before receiving the notice of termination or within 14 calendar days after it; at the employer's request you must present a certificate of pregnancy issued by a doctor or midwife (TLS § 93 lg 3) [6]. If your contract is terminated, apply to the labour dispute committee or the court within 30 calendar days (TLS § 105 lg 1) [16]; applying to the committee is free of state fees under the Labour Dispute Resolution Act (töövaidluse lahendamise seadus, TvLS) (TvLS § 15) [18].

Frequently asked questions

Can paternity leave be taken in parts?

Yes, in one go or in parts until the child turns three, but the employer may refuse a part shorter than seven calendar days (TLS § 60 lg 1) [2].

Can parental benefit payments be paused?

Yes. The recipient may notify the Social Insurance Board to pause or resume payment, except for the mother's parental benefit (PHS § 46¹ lg 1) [19]; payment stops and resumes on the date you set (PHS § 46¹ lg 2) [19].

Does annual holiday accrue during maternity, paternity and parental leave?

The time that earns basic holiday includes time on leave, except parental leave and unpaid leave agreed by the parties (TLS § 68 lg 2) [20]. So maternity and paternity leave earn basic holiday, parental leave does not. The limitation period for the basic holiday claim is suspended while the employee is on maternity, paternity, adoption or parental leave (TLS § 68 lg 6) [20].

What is child leave (lapsepuhkus)?

Each parent is entitled to ten working days of child leave per child until the child turns 14; with several children, at most 30 calendar days in total per calendar year (TLS § 63 lg 1) [21]. It is compensated at 50 percent of the daily parental benefit, but not to a person who receives parental benefit (TLS § 63 lg 5 and 7) [21].