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New Provisions on Maternity Leave

New Provisions on Maternity Leave

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The provisions of the Hungarian Labour Code on the employees’ leave entitlement will be modified as of 1 January 2020. The new provisions are aimed at extending the employees’ entitlement to take leave for the purpose of providing care for their child.

According to the current provisions of the Labour Code, mothers are entitled to 24 consecutive weeks of maternity leave. Those women are also entitled to maternity leave who adopted a child. Currently, fathers are not eligible to take this maternity leave, only the so-called paternity leave which is a 5 days of extra leave to be taken before the end of the second month after the date of birth. These provisions will be modified as of 1 January 2020, by ensuring that if the father provides care for the child under the decision of the court or the guardianship authority due to the mother’s health condition or death, the father can use the maternity leave. This means that under certain conditions, fathers will be also entitled to take the 24 weeks of leave. According to the reasoning of the modification, under certain limited circumstances fathers might be entitled to receive maternity pay; therefore, in order to ensure the coherence of the various regulations, it is necessary to modify the Labour Code to guarantee that the maternity leave is available for both parents irrespective of their gender.

Furthermore, another modification relates to the unpaid leave available for parents. According to the current provisions, employees are entitled for unpaid leave for the purpose of taking care of their child, until the child reaches the age of 3, and such leave should be allocated at the time requested by the employee. According to the new provisions, those employees will be also entitled for such unpaid leave who adopted a child, for a period of 3 years from the date of placement of the child, or for a period of 6 months when the child is over the age of 3 years.

By Levente Csengery, Founding Partner, KCG Partners Law Firm

Hungary Knowledge Partner

Nagy és Trócsányi was founded in 1991, turned into limited professional partnership (in Hungarian: ügyvédi iroda) in 1992, with the aim of offering sophisticated legal services. The firm continues to seek excellence in a comprehensive and modern practice, which spans international commercial and business law. 

The firm’s lawyers provide clients with advice and representation in an active, thoughtful and ethical manner, with a real understanding of clients‘ business needs and the markets in which they operate.

The firm is one of the largest home-grown independent law firms in Hungary. Currently Nagy és Trócsányi has 26 lawyers out of which there are 8 active partners. All partners are equity partners.

Nagy és Trócsányi is a legal entity and registered with the Budapest Bar Association. All lawyers of the Budapest office are either members of, or registered as clerks with, the Budapest Bar Association. Several of the firm’s lawyers are admitted attorneys or registered as legal consultants in New York.

The firm advises a broad range of clients, including numerous multinational corporations. 

Our activity focuses on the following practice areas: M&A, company law, litigation and dispute resolution, real estate law, banking and finance, project financing, insolvency and restructuring, venture capital investment, taxation, competition, utilities, energy, media and telecommunication.

Nagy és Trócsányi is the exclusive member firm in Hungary for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+countries worldwide.

The firm advises a broad range of clients, including numerous multinational corporations. Among our key clients are: OTP Bank, Sberbank, Erste Bank, Scania, KS ORKA, Mannvit, DAF Trucks, Booking.com, Museum of Fine Arts of Budapest, Hungarian Post Pte Ltd, Hiventures, Strabag, CPI Hungary, Givaudan, Marks & Spencer, CBA.

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