Maternity and Parental Leave in Serbia
Serbia guarantees maternity leave and childcare leave regulated by the Labour Act (Official Gazette RS 24/05) and the Act on Financial Support for Families with Children (Official Gazette RS 16/02). Benefits are funded from the state budget.
Maternity leave – duration and benefit
Mothers in Serbia are entitled to maternity leave (porodiljsko odsustvo) of 3 months, with at least 28 days mandatory before the due date. The benefit equals 100% of the average earnings from the previous 18 months, funded by the Ministry of Finance. After maternity leave, the mother (or father) may take childcare leave (odsustvo radi nege deteta) until the child reaches 2 years of age.
Childcare leave
Childcare leave lasts from the end of maternity leave until the child turns 2 years old. The benefit equals 100% of the average earnings from the previous 18 months. The father may take childcare leave if the mother is unable or if both parents agree. For the third and each subsequent child, leave may extend until the child turns 3 years old, with benefits paid throughout. Twins and children with developmental disabilities attract expanded rights.
Employment protection and special rights
The Serbian Labour Act (Art. 187-192) guarantees full dismissal protection for employees on maternity leave or childcare leave. The employer cannot terminate employment while these rights are being used. Upon return, the employee has the right to the same or equivalent position with equal conditions. A parent breastfeeding a child has the right to reduced working hours for breastfeeding without salary reduction.
Frequently Asked Questions
Can the father in Serbia take maternity leave?
The father cannot take maternity leave (reserved for the mother) but can take childcare leave – either immediately or after the mother uses her maternity leave. Both parents cannot be on leave simultaneously.
What happens to the benefit if I was not employed for the full 18 months?
The benefit is calculated based on the average earnings for the period the mother was employed within the previous 18 months.
Can a grandparent also take childcare leave?
Yes. In Serbia, if parents are unable to care for the child, childcare leave rights can also be used by adoptive parents, stepparents, and in special cases by a grandparent.