Parental benefit and paternity benefit

How long is parental benefit paid?

The types of parental benefit are maternity benefit (ema vanemahüvitis), paternity benefit (isa vanemahüvitis), shared parental benefit (jagatav vanemahüvitis) and adoptive parent's benefit (lapsendaja vanemahüvitis) (PHS § 34 lg 1) [1].

• Maternity benefit. It 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) [6]. Before the birth, the right belongs to a mother whose pregnancy has been confirmed by a doctor or midwife and who is entitled to benefit for temporary incapacity for work under the Health Insurance Act (PHS § 35 lg 2 p 1) [6], or who has no such right but whose child's other parent has died or is the subject of proceedings to establish the whereabouts of a missing person, and who gives the Social Insurance Board a handwritten confirmation (PHS § 35 lg 2 p 2) [6]. If you apply for maternity benefit or go on maternity leave less than 70 calendar days before the expected date of birth, the maternity benefit period is reduced by those calendar days (PHS § 35 lg 3) [6]; if you start using the right no later than the 31st calendar day before the expected date of birth, the days between the right arising and its first use are added to the shared parental benefit period (PHS § 35 lg 4) [6].
• Paternity benefit. The right arises 30 days before the expected date of birth set by a doctor or midwife, and the benefit is paid for 30 calendar days (PHS § 36 lg 2) [2], until the child turns three; for multiple births the father receives additional benefit to the same extent (PHS § 36 lg 4) [2].
• Shared parental benefit. It is paid for 475 calendar days (PHS § 37 lg 1) [7]; for a person who has no right to maternity benefit before the birth, 515 calendar days (PHS § 37 lg 2) [7]. The mother receives it after her right to maternity benefit ends, the father after his right to paternity benefit ends (PHS § 37 lg 3) [7].
• Both parents at once. With maternity, paternity or shared parental benefit, both parents may receive benefit at the same time for up to 60 calendar days (PHS § 34 lg 3 p 1) [1], but the total period is reduced by the days received at the same time (PHS § 34 lg 4) [1].

What is paternity benefit and how does it work?

In the Act, paternity benefit is called the father's parental benefit (isa vanemahüvitis). A father is entitled to 30 calendar days of paternity leave (isapuhkus) in one part or in parts, from 30 days before the expected date of birth until the child turns three; the employer may refuse paternity leave in a part shorter than seven calendar days (TLS § 60 lg 1) [8]. The application, grant and payment of the paternity leave benefit follow the rules of the Family Benefits Act on the father's parental benefit (TLS § 60 lg 3) [8].

An employee receives paternity benefit only while using paternity leave, if the leave is entered in the employment register (töötamise register): „üksnes isapuhkuse kasutamise perioodil, kui isapuhkuse andmed on kantud töötamise registrisse“ (PHS § 36 lg 3) [2]. If there is no data on the father, the father has died, does not fulfil the duty to raise the child or has waived paternity benefit in writing, the right belongs to the mother's spouse or registered partner (PHS § 36 lg 6) [2]. If you apply for paternity benefit for the period before the birth, it is granted and paid within 30 working days after the birth, once the birth is entered in the population register and the paternity leave in the employment register (PHS § 46 lg 4) [5].

How is the amount calculated?

The benefit is calculated from your average monthly income on which social tax was paid (PHS § 39 lg 1) [3]. The reference period is:

• for a mother entitled to maternity benefit before the birth, the 21 calendar months before the month of the expected birth, minus the nine calendar months immediately before that month (PHS § 39 lg 3 p 1) [3];
• for everyone else, and for the mother when shared parental benefit begins, the 21 calendar months before the month of birth, minus the nine calendar months immediately before the month of birth (PHS § 39 lg 3 p 2) [3].

To find the number of calendar months, the days of release from work on a certificate of incapacity for work are subtracted from the days of the reference period and the result is divided by 30; the number of months is not more than 12 (PHS § 39 lg 6) [3].

• Ceiling. The monthly ceiling is twice Estonia's average monthly income subject to social tax of the year before last, counted from the child's year of birth (PHS § 40 lg 1) [4]. The Social Insurance Board publishes the next year's ceiling on its website by 1 May (PHS § 40 lg 4) [4].
• Benefit rate. The monthly benefit rate (vanemahüvitise määr) is the minimum wage in force on 1 July of the previous calendar year (PHS § 41 lg 1) [9]. If you had no income subject to social tax in the reference period, you receive the benefit rate (PHS § 41 lg 3) [9].
• Low income. If the average income is below the minimum wage, the daily benefit equals the minimum wage divided by 30 (PHS § 42 lg 1) [10].
• Children in succession. If the children are born less than three years apart and the new average income is not higher than last time, the benefit is calculated from the earlier income (PHS § 43 lg 1) [11].

How is the benefit tied to leave, and when is it recalculated?

For maternity and paternity benefit an employee must meet a condition: maternity benefit is paid only while using maternity leave and paternity benefit only while using paternity leave, if the leave is entered in the employment register (PHS § 35 lg 7; PHS § 36 lg 3) [6] [2]. For the time of parental leave (vanemapuhkus) an employee is entitled to parental benefit under the Family Benefits Act (TLS § 62 lg 5) [12].

When the minimum wage changes, a daily benefit granted because of low income (under PHS § 42) is recalculated if it is lower than the benefit calculated from the new minimum wage (PHS § 45 lg 1) [13]. A benefit granted at the ceiling or at the benefit rate is not recalculated when the calendar year changes (PHS § 45 lg 2) [13], and if the same person applies again for the same child, it is not recalculated, except when the minimum wage changes (PHS § 45 lg 3) [13]. The benefit is set off or reclaimed if you were paid more because the maternity, paternity or parental leave data in the employment register were changed later (PHS § 46⁴ lg 1 p 2) [14]. If you return to work, you may suspend the payment of parental benefit (other than maternity benefit) and resume it later (PHS § 46¹ lg 1) [15].

What the law says

• „Vanemahüvitist on õigus saada õiguse tekkimise päevast alates lapse kolmeaastaseks saamiseni lapse kohta kuni 605 kalendripäeva, mis sisaldab ema vanemahüvitise, isa vanemahüvitise ja jagatava vanemahüvitise kalendripäevi.“ (PHS § 34 lg 2) [1] – the total length and the time limit.
• „Isa vanemahüvitist on õigus saada 30 kalendripäeva.“ (PHS § 36 lg 2) [2] – the length of paternity benefit.
• „Ühe kalendripäeva vanemahüvitise suurus on 100 protsenti käesoleva paragrahvi lõigete 1–6 alusel arvutatud ühe kalendrikuu keskmisest tulust jagatuna 30-ga.“ (PHS § 39 lg 7) [3] – the benefit replaces earlier income in full, up to the ceiling.
• „Vanemahüvitis makstakse välja üks kord kuus eelmise kalendrikuu eest.“ (PHS § 46 lg 6) [5] – the money is paid for the previous month.

What to do

1. Ask a gynaecologist, family doctor or midwife to issue a maternity certificate (sünnitusleht), the document on which parental benefit is granted (PHS § 46 lg 6¹) [5]. Maternity benefit before the birth is granted once the certificate data have reached the social protection information system and the maternity leave is entered in the employment register (PHS § 46 lg 3) [5].
2. Tell your employer about paternity or parental leave at least 30 calendar days in advance, unless agreed otherwise (TLS § 60 lg 4; TLS § 62 lg 3) [8] [12]. Check that the leave is entered in the employment register (PHS § 35 lg 7; PHS § 36 lg 3) [6] [2].
3. Submit an application to the Social Insurance Board (PHS § 6 lg 1) [16]. If the parents want to take turns, the new applicant submits an application with the consent of the person who has received the benefit so far (PHS § 6 lg 1) [16].
4. Do not delay: the benefit is granted from the day the right arises if the Board receives the necessary data within six months of that day (PHS § 46 lg 1) [5]. The Board decides within 30 working days of a proper application (PHS § 8 lg 1) [17].
5. If you disagree with the decision, file a challenge (vaie) with the authority that made it (SÜS § 36 lg 1) [18] within 30 days of the day you learned or should have learned of it (HMS § 75) [19].

Frequently asked questions

Can the payment of parental benefit be paused?

Yes, except for maternity benefit: the recipient may notify the Social Insurance Board to suspend or resume payment (PHS § 46¹ lg 1) [15]. Payment stops and resumes on the date you choose (PHS § 46¹ lg 2) [15]. If not a single day is used in a calendar month, payment is considered suspended (PHS § 46¹ lg 4) [15].

Do I get the benefit if I did not work before the birth?

Yes. If you had no income subject to social tax in the reference period, you receive the benefit rate (PHS § 41 lg 3) [9]. If you have no right to maternity benefit before the birth, you are entitled to shared parental benefit for 515 calendar days (PHS § 37 lg 2) [7]; a mother without a right to benefit for temporary incapacity for work is entitled to maternity benefit from the birth until the child is 30 days old (PHS § 35 lg 6) [6].

What happens if another child is born?

If you also become entitled to parental benefit for raising another child, you choose: either you continue with the earlier child, and the period for the next child is reduced by the days for which you receive shared parental benefit for the earlier child, or you switch to the next child's benefit, and the right to benefit for the earlier child ends (PHS § 34 lg 10) [1].

How long can the benefit be checked and reclaimed?

The Social Insurance Board checks the personalised social tax data on which the benefit was calculated retroactively for three years after the right ends (PHS § 46⁴ lg 4) [14], and the maternity, paternity and parental leave data also for three years (PHS § 46⁴ lg 5) [14]. If it turns out that this social tax data has changed, the benefit is recalculated and the overpayment is reclaimed (PHS § 46⁴ lg 3) [14].