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Duration and calculation procedure of paternity leave
Duration and calculation procedure of paternity leave
According to Article 130 of the previous version of the Labor Code of the Republic of Azerbaijan, upon the employee’s request, men whose spouses were on maternity leave were granted up to 14 calendar days of unpaid leave. Following recent amendments, Article 125 of the Code states that in connection with the birth of a child, men are granted paid leave for a total of 14 calendar days covering the periods before and after childbirth, based on a certificate from a medical institution. Expert Kamala Yusifova clarifies the practical application of this innovation and addresses questions arising in the calculation of payments for paternity leave.
As is clear from Article 125 of the Labor Code, at least one of the 14 calendar days must coincide with the time of the child’s birth. In other words, the leave cannot be allocated entirely before or entirely after the birth.
The calculation of paternity leave is carried out in accordance with Article 177 of the Labor Code. The employee’s average salary is determined by dividing the total salary earned during the two calendar months preceding the payment by the number of working days in those months, resulting in a daily wage. This amount is then multiplied by the number of working days for which the salary is maintained. For employees who have worked for less than two months, the average salary is calculated by dividing the total salary earned during the actual days worked by the number of those days, and then multiplying the result by the number of payable working days.
In the above cases, if the calculated daily wage is lower than the last daily wage (in cases of partially paid social leave, unpaid leave initiated by the employer, or downtime not caused by the employee), the last daily wage is applied.
When determining the average salary, all types of payments for labor предусмотренные under Article 157 of the Labor Code are taken into account. The types of payments included and excluded in the calculation of the average salary are determined by the relevant executive authority.
It should be noted that one of the important amendments to the Labor Code is the comparison of leave pay with the employee’s last salary. According to Article 111 of the Code, during the leave period, the employee’s workplace, position (profession), and, in cases предусмотренные by the Code, the average salary (not less than the last salary) are retained. This period is included in the employee’s work experience as well as professional experience. The “last salary” refers to the salary specified in the employment contract for the month in which the employee goes on leave.
Now let us consider an example of calculating paternity leave:
Example 1: Suppose an employee takes 14 calendar days of paternity leave starting from February 15, 2026. His salary according to the employment contract is 1,500 manats, and he works on a 5-day work schedule.
January 2026 – monthly income: 1,700 manats (19 working days);
December 2025 – monthly income: 1,600 manats (22 working days).
The calculation will be as follows:
(1,700 + 1,600) ÷ (19 + 22) = 3,300 ÷ 41 = 80.49 manats (average daily earnings);
80.49 × 10 = 804.9 manats (10 is the number of working days from February 15 to 28).
According to the calculation, the paternity leave payment amounts to 804.9 manats (before deductions). In this case, the employee’s total income for February will be 1,554.9 manats:
(1,500 ÷ 20) × 10 = 750 manats (earnings for days worked);
750 + 804.9 = 1,554.9 manats.
Now let us see how much the employee would earn if he worked during February:
1,500 ÷ 20 = 75 manats (average daily earnings).
As seen from the example, the average daily earnings during paternity leave are higher, therefore this amount is taken as the basis. If the average daily earnings during paternity leave were lower than the normal average daily earnings, then the normal average daily earnings would be applied.
According to Article 130 of the previous version of the Labor Code of the Republic of Azerbaijan, upon the employee’s request, men whose spouses were on maternity leave were granted up to 14 calendar days of unpaid leave. Following recent amendments, Article 125 of the Code states that in connection with the birth of a child, men are granted paid leave for a total of 14 calendar days covering the periods before and after childbirth, based on a certificate from a medical institution. Expert Kamala Yusifova clarifies the practical application of this innovation and addresses questions arising in the calculation of payments for paternity leave.
As is clear from Article 125 of the Labor Code, at least one of the 14 calendar days must coincide with the time of the child’s birth. In other words, the leave cannot be allocated entirely before or entirely after the birth.
The calculation of paternity leave is carried out in accordance with Article 177 of the Labor Code. The employee’s average salary is determined by dividing the total salary earned during the two calendar months preceding the payment by the number of working days in those months, resulting in a daily wage. This amount is then multiplied by the number of working days for which the salary is maintained. For employees who have worked for less than two months, the average salary is calculated by dividing the total salary earned during the actual days worked by the number of those days, and then multiplying the result by the number of payable working days.
In the above cases, if the calculated daily wage is lower than the last daily wage (in cases of partially paid social leave, unpaid leave initiated by the employer, or downtime not caused by the employee), the last daily wage is applied.
When determining the average salary, all types of payments for labor предусмотренные under Article 157 of the Labor Code are taken into account. The types of payments included and excluded in the calculation of the average salary are determined by the relevant executive authority.
It should be noted that one of the important amendments to the Labor Code is the comparison of leave pay with the employee’s last salary. According to Article 111 of the Code, during the leave period, the employee’s workplace, position (profession), and, in cases предусмотренные by the Code, the average salary (not less than the last salary) are retained. This period is included in the employee’s work experience as well as professional experience. The “last salary” refers to the salary specified in the employment contract for the month in which the employee goes on leave.
Now let us consider an example of calculating paternity leave:
Example 1: Suppose an employee takes 14 calendar days of paternity leave starting from February 15, 2026. His salary according to the employment contract is 1,500 manats, and he works on a 5-day work schedule.
January 2026 – monthly income: 1,700 manats (19 working days);
December 2025 – monthly income: 1,600 manats (22 working days).
The calculation will be as follows:
(1,700 + 1,600) ÷ (19 + 22) = 3,300 ÷ 41 = 80.49 manats (average daily earnings);
80.49 × 10 = 804.9 manats (10 is the number of working days from February 15 to 28).
According to the calculation, the paternity leave payment amounts to 804.9 manats (before deductions). In this case, the employee’s total income for February will be 1,554.9 manats:
(1,500 ÷ 20) × 10 = 750 manats (earnings for days worked);
750 + 804.9 = 1,554.9 manats.
Now let us see how much the employee would earn if he worked during February:
1,500 ÷ 20 = 75 manats (average daily earnings).
As seen from the example, the average daily earnings during paternity leave are higher, therefore this amount is taken as the basis. If the average daily earnings during paternity leave were lower than the normal average daily earnings, then the normal average daily earnings would be applied.