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How will the paid leave provided for men be calculated?
How will the paid leave provided for men be calculated?
One of the proposed amendments to the Labour Code is to ensure the right of male employees to paid leave in connection with the birth of a child. According to the provision proposed to be added to Article 125 of the Labour Code (“Leave related to pregnancy and childbirth”), men will be granted paid leave for a total of 14 calendar days in connection with the birth of their child, covering the period before and after childbirth, on the basis of a certificate issued by a medical institution.
Expert Anar Bayramov stated that, according to Recommendation No. 165 of the International Labour Organization on “Workers with family responsibilities: equal treatment and opportunities for male and female workers,” both parents — mother and father alike — should have the opportunity to take leave for a certain period immediately after childbirth to care for the child. It can be said that the proposed amendment, conditionally referred to as “paternity leave,” has been prepared in line with this recommendation. He noted: “Let us pay attention to several key points regarding the proposed ‘paternity leave.’ The first point is that, in order to use this paid leave, the employee must submit to the employer a certificate issued by a medical institution in connection with the birth of the child. The second point concerns the period during which the 14-day paid leave may be used. According to the proposal, this leave may be used in full either before or after childbirth.”
He also pointed out that one of the noteworthy aspects of the amendment concerns the method for calculating the 14-day paid leave provided for male employees. According to him, with the proposed amendment to paragraph 5 of Article 177 of the Labour Code (“Average wage and the procedure for its calculation”), it is envisaged that wages during the “paternity leave” period will be calculated in accordance with that article. In this case, unlike annual paid leave, income for the last 12 months will not be taken as a basis: “Thus, when an employee uses ‘paternity leave,’ the calculation of wages for the working days falling within the 14 calendar days will be carried out in accordance with Article 177 of the Labour Code. For example, if the number of working days falling within the leave period is 10 days, the employer will determine the employee’s average daily wage for the last two months and multiply that amount by 10 working days to calculate the amount payable for ‘paternity leave.’”
One of the proposed amendments to the Labour Code is to ensure the right of male employees to paid leave in connection with the birth of a child. According to the provision proposed to be added to Article 125 of the Labour Code (“Leave related to pregnancy and childbirth”), men will be granted paid leave for a total of 14 calendar days in connection with the birth of their child, covering the period before and after childbirth, on the basis of a certificate issued by a medical institution.
Expert Anar Bayramov stated that, according to Recommendation No. 165 of the International Labour Organization on “Workers with family responsibilities: equal treatment and opportunities for male and female workers,” both parents — mother and father alike — should have the opportunity to take leave for a certain period immediately after childbirth to care for the child. It can be said that the proposed amendment, conditionally referred to as “paternity leave,” has been prepared in line with this recommendation. He noted: “Let us pay attention to several key points regarding the proposed ‘paternity leave.’ The first point is that, in order to use this paid leave, the employee must submit to the employer a certificate issued by a medical institution in connection with the birth of the child. The second point concerns the period during which the 14-day paid leave may be used. According to the proposal, this leave may be used in full either before or after childbirth.”
He also pointed out that one of the noteworthy aspects of the amendment concerns the method for calculating the 14-day paid leave provided for male employees. According to him, with the proposed amendment to paragraph 5 of Article 177 of the Labour Code (“Average wage and the procedure for its calculation”), it is envisaged that wages during the “paternity leave” period will be calculated in accordance with that article. In this case, unlike annual paid leave, income for the last 12 months will not be taken as a basis: “Thus, when an employee uses ‘paternity leave,’ the calculation of wages for the working days falling within the 14 calendar days will be carried out in accordance with Article 177 of the Labour Code. For example, if the number of working days falling within the leave period is 10 days, the employer will determine the employee’s average daily wage for the last two months and multiply that amount by 10 working days to calculate the amount payable for ‘paternity leave.’”