Working Fathers in Azerbaijan

Does the law require paternity leave for new fathers? No
Does the law require parental leave for parents? Yes
Does the law provide for paid or unpaid parental leave? A mix of both
What is the total duration of parental leave? 1095 days
What is the wage replacement rate for parental leave? Flat rate
Who pays for parental leave? Government
Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options? Yes

More about paternity leave:

Azerbaijani legislation does not provide for special paternity leave. Nevertheless, the Labour Code establishes certain guarantees to fathers on the birth of a child. An employer may provide during a calendar year unpaid leave up to 14 calendar days (on the basis of an application) to a worker whose wife is on maternity leave or up to 7 calendar days by family reasons.

Sources: §128 and 130 of the Labor Code

More about parental leave:

Parent or other family member, who is directly caring for a child up to the age of 3 years, has right to get partially paid social leave for childcare with provision of the allowance. A worker caring for a child (by written application) may use the right to partially paid social leave completely or in part. Employment of a worker is secure during parental leave and workers have the right to return to their employment after taking parental leave.

Legislation stipulates one-time childbirth allowance for working mother (working father with unemployment mother or without mother). The allowance is paid at working place or center of social welfare in the place of residence. Deadline for applications is not established. At the birth of two or more children, the allowance is paid for each child. The rate of the childbirth allowance is 90 AZN, but in 2016, government has planned to increase it by 10%.

During the parental leave, there are two monthly child allowances. The first allowance is paid until the child attains the age of one and a half years (18 months). The rate of this allowance since 2016 is 40 AZN. The second allowance may be given to a parent with a child up to 3 years old. The sum since 2016 is 25 AZN. Persons with radiation sickness or disability caused by the Chernobyl accident get childcare allowances in the double amount. If a parent works part-time or at home during the period of the parental leave, he/she has right to receive childcare allowances. If a child is in nursery or kindergarten and the parental leave is not granted, the allowance for children up to 3 years old will be not assigned.

Employment contract, collective agreement and acts of the employer may stipulate other benefits for childcare.

According to the Labour Code, women, single fathers, adoptive parents with two children up to 14 years have right to get 2 days of additional childcare leave. The same group of workers with three or more children up to 14 years or a disabled child are provided by 5 days of additional childcare leave.

In addition, there are special unpaid childcare leaves:

  1. for parent (another family member who is directly caring for a child) with a chronically ill child up to the age of 4 years by the medical report;
  2. for women (single parent, guardians) with a child up to 16 years - up to 14 calendar days;
  3. for parents with children with HIV or disability (up to 18 years) - up to 14 calendar days.

Sources: §111, 117, 130, 141 of the Labor Code; §4 of the Law of the Republic of Azerbaijan «About social allowances» 07.02.2006 №55-IIIQ; §6 of the Law of the Republic of Azerbaijan «About social insurance» 18.02.1997 №250-IQ; §73-89 of the Regulation on the calculation and payment of mandatory state social insurance indemnities and allowances paid to employees temporarily disabled at the expense of the insured 1998; Decree of the President of the Republic of Azerbaijan 19.01.2016 №747; Decree of the President of the Republic of Azerbaijan 29.08.2013 №973