That the fathers of the child exercise the right to maternity or parental leave in Bosnia and Herzegovina. in the social and cultural context, it is still not perceived as a common practice, and often causes surprise both in the work environment and in the general public. This is the opinion of the president of the Baby Steps Association, Amila Tatarević, adding that the reasons for this are multifaceted.
– Based on the work of the Baby Steps Association with women and families, as well as through research related to birth rates, we can say that this right is rarely used in practice, but the reasons for this are not simple and cannot be reduced solely to lack of information. It certainly exists, but it is not a decisive factor – said Tatarević for Fena.
Based on practical experience, Tatarević states that the majority of women with whom the Association works consciously want to use maternity leave and be with the child, often at the cost of their own career or professional advancement.
– It is a personal and value choice – she points out.
Legal solutions are often to the detriment of mothers
At the same time, existing legal solutions imply that maternity leave is “shared”, which in practice means that spouses often do not have a realistic possibility for both parents to use the full range of rights, without certain losses, which are usually to the detriment of the mother.
– Additionally, the system does not offer women sufficient support even after returning to work – Tatarević stressed.
According to her, lack of flexibility in the workplace, pressures due to pediatric sick leave and job insecurity often lead to women leaving the labor market.
Examples from Europe: Special leave for fathers
Compared to countries that record a higher participation of fathers in the use of parental leave, the key difference is not in the “replacement” of the mother, but in the introduction of a special, non-transferable leave intended exclusively for fathers.
Such solutions exist, among others, in Sweden, Norway, Iceland, Germany and Spain, where the earlier involvement of fathers is encouraged through a special part of the father’s leave, without diminishing the rights of the mother.
Tatarević points out that the Baby Steps Association, within the analysis of birth policies, advocated the introduction of a shorter, special maternity leave for fathers as a measure that would contribute to a better balance in the family in the long term, while respecting the fact that most women want and are determined to spend time with their child.
What does the law prescribe in the Federation of Bosnia and Herzegovina?
Article 62 of the Labor Law in the Federation of Bosnia and Herzegovina prescribes the right to maternity leave for a period of one year, which primarily belongs to the mother of the child. However, the law foresees the possibility for the father to use maternity leave as well, in accordance with the parents’ agreement.
According to Article 62, paragraphs 3 and 4 of the Labor Law, the mother must use maternity leave for at least 42 days after giving birth, after which the father can also use this right, if the parents so agree. The condition is that both parents are employed, because it is a right from an employment relationship.
The law stipulates that the father can use maternity leave even before the expiration of 42 days in the event of the death of the mother, if the mother abandons the child or if for other justified reasons he cannot use that leave.
Fee and cantonal regulations
In accordance with the Labor Law, a father who uses maternity leave has the right to compensation, which is realized according to special laws in the field of social protection, adopted at the cantonal level.
– Given that these are cantonal regulations, the Federal Ministry of Labor and Social Policy does not have data on the proportion in which the said right is used by fathers – the Ministry states.
Sarajevo Canton: Three fathers a year on average
In Sarajevo Canton, an average of three fathers use maternity leave per year. These are mostly situations in which the mother has to return to work earlier, before the end of a year.
– The basis for exercising that right is the Law on Social Protection, Protection of Civilian Victims of War and Protection of Families with Children. Maternity leave lasts up to one year – according to the relevant cantonal ministry.
The labor law in the Republic of Srpska regulates this area in a similar way, with the fact that the father can use maternity leave after 60 days from the birth of the child. In the Brčko District of BiH, the solution is identical to that in the Federation of BiH, i.e. the father can use the leave after the expiration of 42 days from the birth of the child, reports Lukavicki.ba
