Maternity Benefits and Leave Policies in Serbia – Empowering Motherhood - Move to Serbia

In the pursuit of empowering motherhood, it is imperative for employers to possess a comprehensive understanding of their obligations concerning employees on maternity or parental leave in Serbia. This knowledge not only ensures that employees are accorded the respect they deserve, enabling them to exercise their legal rights during these crucial periods but also serves as a pivotal moment for employers.

By responsibly adhering to the law, employers create a secure environment for other team members during their colleagues’ absences, contributing to the development of a positive image as a conscientious and successful employer who values their workforce.

For both Serbian and foreign working women in Serbia, understanding maternity and parental leave policies is essential.

To delve into this subject comprehensively, let’s initiate by defining the terms maternity leave and parental leave. Maternity leave grants the right and opportunity for absence from work due to justified health reasons, while parental leave obligates pregnant employees to be absent within a legally specified timeframe.

Duration of Parental Leave in Serbia

The entirety of parental leave spans 12 months, with the initial three months post-childbirth designated as maternity leave and the subsequent nine months considered the right to child care.

According to Serbian law, a woman employed in the country can commence parental leave no earlier than 45 days, with a mandatory 28 days before childbirth. Consequently, the period from the initiation of parental leave to the return to work should not exceed 12 months. For the third child and each subsequent child, parental leave extends to 24 months.

Fathers can also utilize leave for child care when the mother is unable to exercise her right for justified reasons. The law grants fathers the right to wage compensation and the option to take leave for child care, even if the mother is not employed. Parents can alternately utilize this leave.

Following the expiration of parental leave, employed women have the right to additional leave for child care up to 365 days from the commencement of parental leave. Therefore, the second part of the leave is associated with child care and can be utilized by the father instead of the mother.

Financial Aspects: Maternity Leave and Parental Leave Compensation

Compensation for maternity leave equates to 100% of the basis for salary compensation. This basis is calculated as the average earnings over the previous 12 months before the initiation of maternity leave. If a pregnant woman has not earned income in the past 12 months, the compensation basis for those months is the minimum wage. The sum of earnings is divided by twelve. During the initial 30 days of maternity leave, the employer bears the cost of compensation, with any duration beyond that covered by the Republic Fund for Health Insurance (RFZO).

For periods exceeding 30 days, the employer calculates the salary compensation, with the option to seek a refund from RFZO. RFZO determines the right to compensation and the amount within 30 days, depositing it into the employer’s special account, from which the employee is subsequently paid.

Compensation for parental leave is calculated based on a monthly basis, derived by dividing the sum of all earnings for the last 18 months before the termination of work due to pregnancy by 18. Crucially, total compensation for parental leave cannot surpass three average monthly salaries in Serbia. For rights acquired from January 1, 2022, it cannot exceed five average monthly salaries in Serbia. If the employee receives compensation exceeding these limits, the payment prioritizes salary compensation. Importantly, the compensation includes the basis on which contributions for earnings, such as travel expenses, meals, previous work, and bonuses, were paid. Maternity leave is not included on this basis, assuming contributions for the 18 months of work have been paid. The state processes the payment of compensation for parental leave into the employee’s current account around the 21st of the month.

Crucial Note!

An employee with a fixed-term employment contract has the term extended until the expiration of the leave entitlement.

According to the Labor Law, the employer cannot terminate the employment contract of an employee during sick leave due to pregnancy, maternity leave, child care leave, and leave for special child care.

Entitlement to Annual Leave

An employee who has not fully or partially utilized annual leave in a calendar year due to absence from work for maternity leave, child care leave, or special child care leave has the right to use that leave until June 30 of the following year.

For non-working foreign women in Serbia who seek maternity services and opt for private practice, the journey involves understanding the available avenues, financial considerations, and key steps to ensure a smooth and supportive experience. Unlike public healthcare services, private practices operate on a fee-for-service model. Non-working foreign women should be prepared to cover the costs associated with medical consultations, tests, delivery, and postnatal care. It’s advisable to inquire about the fee structure for different services upfront.