Parental Leave in Bosnia and Herzegovina
Parental leave in BiH is governed by entity-level laws. In the Federation of BiH the Labour Act (Official Gazette FBiH 26/16) applies, while in Republika Srpska the RS Labour Act is in force. Rights differ significantly between entities.
Duration and benefit in the Federation of BiH
In the Federation of BiH, the mother is entitled to maternity leave of 365 days for the first and second child, and 18 months for the third and subsequent children. 42 days before birth are mandatory. The benefit equals 100% of the average salary from the previous 6 months, funded by the cantonal Health Insurance Fund. The father may use the leave instead of the mother if both are employed.
Duration and benefit in Republika Srpska
In Republika Srpska, maternity leave lasts 365 days for the first, second and third child, and 2 years for the fourth and subsequent children. The benefit equals 100% of the average net salary from the previous 12 months, paid by the RS Health Insurance Fund. The father is entitled to a special leave of 5 working days immediately after birth. The mother may transfer the right to leave to the father.
Employment protection and special rights
In both BiH entities, it is prohibited to terminate the employment contract of a pregnant employee or one on maternity leave. The Labour Act of FBiH (Art. 56) and the RS Labour Act (Art. 89) explicitly prohibit such dismissal. Upon return, the employee has the right to the same or equivalent position with equal conditions. In FBiH, a breastfeeding employee is entitled to a 1-hour daily break without pay deduction.
Frequently Asked Questions
Can the father use parental leave in BiH?
Yes. In FBiH the father can use the unused portion of maternity leave if the mother waives it. In RS, the father has the right to use maternity leave instead of the mother under similar conditions.
What if I am self-employed in BiH?
Self-employed persons registered as employers in FBiH have limited rights to maternity benefit. It is recommended to check the specific conditions with the competent cantonal health insurance fund.
Are rights different in Brčko District?
Yes. Brčko District has its own Labour Act providing 365 days of maternity leave with benefits from its own Health Fund. Check the current conditions directly with the employer and the fund.