Foreign fathers and mothers in the Czech Republic
18. 10. 2024
Residence in the Czech republic and the birth of a child
Essential information
The Employment Act defines a foreigner as a person who does not hold Czech citizenship. In relation to employment and residence in the Czech Republic, foreigners can be divided into two categories:
- EU, EEA and Swiss nationals and their relatives do not need a residence or work permit. Their status is equal to that of Czech nationals.
- Third country nationals: all that do not fall into category one. Third country nationals have specific obligations as to residing in the Czech Republic. They need to comply with the notification obligation in the first place which means they have to report their presence on the Czech territory to the respective foreign police department within three working days of entering the country.
Third country nationals, with the exception of e.g., academic workers or international mission workers, must possess a residence permit if they plan to stay and work in the Czech Republic in the long term. This permit needs to be associated with a legal reason for residing and working in the Czech Republic. For example, a foreign national working in the country long-term possesses the so-called employee card. An employee card is linked to a particular employment. If the foreigner becomes unemployed, they need to find new employment to fulfill the purpose of their residence, which is working in the Czech Republic. Should they not find employment for a variety of reasons (medical incapacity, maternity, etc.), they need to request a change in the purpose of residence, the new one being, e.g., family reunification.
Granting residence permit for the purpose of family reunification
Long-term residence application for the purpose of family reunification cannot be filed by an adult foreigner who is not provided for. It can be, however, filed by:
- a minor whose parent is a foreign national with a residence permit;
- a minor below 18 years whose parent is a foreign national-spouse with a residence permit;
- a parent or another ascendant relative to an adult asylum holder who requested international protection as a minor within 3 months of having been granted asylum;
- other categories of foreign nationals according to Act No 326/1999 Coll. on the Residence of Foreign Nationals in the Territory of the Czech Republic (according to § 42a (1)).
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Pregnancy and maternity of foreign mothers
Residence of a pregnant foreigner or mother coming from a third country shall be allowed upon a legal reason. Giving birth in the Czech territory does not constitute a legal reason for residence of the mother or both parents who had previously been illegally residing in the country.
If the mother is employed in the Czech Republic, and her fixed-term contract expires and she cannot find new employment due to her pregnancy, she needs to request a change in the purpose of residency as soon as possible (the purpose may be changed to family reunification). If her spouse/partner also resides in the Czech Republic, it is advised to request this residency purpose so it is tied to the spouse/partner.
If the mother is pregnant, cannot work due to medical incapacity and subsequently takes care of an infant, how does it work with the indefinite duration work contract?
If the mother is employed but on maternity or parental leave at the moment, she still complies with the residency purpose (which is employment). If the employment continues (due to indefinite duration contract), the same residency purpose still applies even though the mother in fact does not work due to taking care of her child or being on maternity/parental leave.
During pregnancy and maternity/parental leave, the employer must not give a layoff notice or terminate the employee‘s contract with immediate effect (with the exception of specific cases stipulated by law). This protective measure during pregnancy and the early period of parenthood does apply to all persons employed in the Czech Republic, including foreign nationals.
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Healthcare during pregnancy and childbirth
If a pregnant woman has been granted permanent residency, asylum, has filed for international protection, is subject to subsidiary protection or has been granted long-term residence due to employment and her employer resides in the Czech Republic, the medical care provided during pregnancy, childbirth and post-partum is covered by the public health insurance (same as for Czech nationals).
All foreigners residing in the Czech territory who are not covered by the public health insurance system are obligated to sign up for travel medical insurance in the scope of complex medical care within 90 days of entering the country. This type of insurance is only provided by the insurer VZP (Veřejná zdravotní pojišťovna) as of August 2021.
How does health insurance for a newborn work?
A child born to permanent residence holders, asylum holders, international protection seekers, EU-nationals working or doing business in the Czech Republic becomes a participant in the public health insurance scheme as of the moment it is born.
The parent can register their child with their own insurer right after the birth, however this registration is only temporary. The following documents are required to apply for the child’s registration: the parent’s ID, the parent’s health insurance card and the child’s birth certificate.
A child born in the territory of the Czech Republic to foreigners (for example a child whose mother is holder of a long-term residence permit at the time of giving birth while the father does not hold permanent residence) is newly covered by the public health insurance scheme as well, as soon as it is born. The child is covered for the duration of two months, to be precise – until the end of the month in which it reaches the age of 60 days. After this period, it is required to arrange commercial health insurance.
It is required to report the birth of the child to the health care insurer of the mother within 8 days of the birth date. In case the mother is not registered with a health care insurer in the Czech Republic, the birth of the child is reported to the insurer of the father applicable on the day of the child’s birth.
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What to know about giving birth in the Czech Republic?
Most women in the Czech Republic give birth at hospitals, although it is not legally required. According to the Czech law, choosing the place and method of delivery is within the competence of the mother. It is possible to give birth with the assistance of a midwife.
This childbirth method is not very common in the Czech Republic and is not supported by the state, it is however not banned. If the mother decides to give birth at her home, she covers the cost of the care and assistance provided by the midwife (this applies to both Czech nationals and non-Czech nationals).
If you decide to give birth at a hospital, it is recommended to choose the facility well in advance. You can reconsider your choice should the circumstances change.
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Some maternity hospitals, particularly in big cities, require a timely registration often as early as between the 12th and 15th week of pregnancy. This is not a legal obligation, there is no law demanding that pregnant women seek a facility to register at. Yet a successful registration at a selected hospital does not guarantee an actual admission at the time of childbirth – the capacity may be filled etc. Nevertheless, giving birth is considered an emergency and the mother must be admitted in a hospital, if she wishes to (this applies to foreigners as well). The woman giving birth should be provided with immediate medical care first, the insurance-related matters should be sorted afterwards. This means that a foreigner in labour must be admitted and treated adequately at a medical care facility despite any existing doubts about her insurance coverage.
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What happens after childbirth?
The respective maternity hospital reports the childbirth to the local birth registry. Childbirths that took place at the mother’s home needs to be reported by the parents themselves. The registry issues a Czech birth certificate within approximately one week (this is a birth-related document only, no residence permit).
It is required to apply for the child’s residence permit within 60 days of the childbirth, therefore you can opt for the more reasonable option out of either parent’s residence permits.
If one of the parents is a Czech national while the other one is a non-Czech national, the newborn automatically becomes a Czech citizen without the need for a prior citizenship application. The child may be granted citizenship of the other parent’s country of origin if the law of that country allows it.
Additional information can be obtained at the respective country’s representative office. If neither of the parents is a Czech national, it is required to have the child’s information entered in either parent’s passport or have the child’s own passport issued at the embassy (this does not apply in case of asylum or subsidiary protection).
Information on paternity
If the child’s parents are married, the father is entered on the birth certificate immediately upon presenting the marriage certificate. If the child’s parents are not married, they declare the man’s paternity at the birth registry or at the court (this may be done during pregnancy as well, prior to the actual childbirth).
If the parents do not share the same household and the man does not wish to be recognized as the father or if any paternity-related disputes arise, these need to be addressed at a court. The court decides on determining (confirming) the paternity or its rejection if either parent wishes to have the paternity verified or disagrees on that matter.
In the Czech Republic, a mutual maintenance obligation between the parents and their children applies until the children are able to provide for themselves (usually after completing their studies of professional training).
Should any alimony-related or other disputes arise between the two parents, it is possible to reach out to Orgán sociálně právní ochrany dětí (or OSPOD, Social-Legal Child Protection Department). This department can be found at the local or municipal authority office according to the residential address of the child or the family.
Social security during maternity and parenthood
Maternity leave and maternity allowance
Maternity leave (ML) is time off from work lasting up to 28 weeks (37 weeks in case of multiple births), the minimum duration is 14 weeks. It usually starts six to eight weeks prior to the due date (if the birth is extremely premature the ML can start right on the birth date) and ends six weeks after the due date at the earliest. Every legally employed mother is eligible for ML. During ML the mother can receive maternity allowance (or peněžitá pomoc v mateřství, PPM) provided that she qualifies for it. Maternity allowance and sick pay during pregnancy fall under the sickness insurance scheme which is available to women, Czech and non-Czech nationals alike, who work in the Czech Republic.
The entitlement to PPM arises when the pregnancy results in childbirth and in cases where the woman has had sickness insurance coverage at least for 270 calendar days as an employee or as self-employed person during the last two years preceding the maternity leave.
The entitlement to PPM also arises upon insurance termination in case that, for example, the limited-term employment ends during the pregnancy which automatically terminates the sickness insurance. Under such circumstances, the mother is still entitled to PPM if the maternity leave starts within the protection period. This period lasts 180 calendar days if the employment ended during pregnancy. If the mother is employed for a shorter period, the protection period is the same duration as her (terminated) employment.
The mother has the right to determine the start of her maternity leave herself, ranging from six to eight weeks prior to the due date. Even if the mother is not eligible for PPM, she may still be eligible for sick pay in relation to her pregnancy and upcoming due date, in which case the condition of minimum 270-day sickness insurance coverage within the last two years does not apply. To become eligible for the sick pay, it is only required to be under the sickness insurance scheme at the moment of the sick leave start (e.g. the pregnant woman is employed).
The sick leave is confirmed by the doctor with whom the mother is registered, starting six weeks prior to the due date and ending six weeks after the due date.
The employer is obligated to allow every employee (including foreigners) to take parental leave (rodičovská dovolená, RD) for as long as the employee requests to, up to three years of the child’s age. The employer is however not obligated to provide unpaid leave after the child’s third year of age. A parental leave application may also be filed by the father, provided that his name is stated in the child’s birth certificate. During the parental leave, the parent receives parental allowance which falls under the category of state social security allowances.
Parental leave application is filed at the department of state social aid of the local labour office („Oddělení státní sociální podpory úřadu práce“) according to the place of residence. The application is usually filed after the last PPM contribution or the last sick pay due to pregnancy and maternity has been disbursed. Even if the mother was neither eligible for PPM nor sick pay, she is eligible for parental allowance from the moment her child is born.
Further information on parental allowance and other state social security allowances can be obtained at the labour office.
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