An employee is returning from parental leave, but her position no longer exists. What must we offer her?

An employee has announced that she is returning to work after parental leave. In the meantime, her department has merged with another, and her position no longer exists in its original form. The employer cannot simply send her home or assign her any work it chooses. In Slovakia, she is entitled to her original job and workplace or, failing that, other work under her employment contract, with her rights preserved. In Czechia, the extent of the obligation depends on whether she returns before the child’s second birthday. If no work is available under the contract, the remaining options in both countries are an agreed amendment to the contract or notice of termination on grounds of redundancy.

Slovakia: the original job or, failing that, work under the contract

The Labour Code (Act No. 311/2001 Z. z.) sets out the employer’s obligation as follows:

The following quotation is reproduced in its original language:

Ak sa zamestnankyňa alebo zamestnanec vráti do práce po skončení rodičovskej dovolenky, zamestnávateľ je povinný zaradiť ich na pôvodnú prácu a pracovisko. Ak zaradenie na pôvodnú prácu a pracovisko nie je možné, zamestnávateľ je povinný zaradiť ich na inú prácu zodpovedajúcu pracovnej zmluve. Zamestnankyňa a zamestnanec majú právo po skončení rodičovskej dovolenky na zachovanie všetkých práv, ktoré mali alebo ktoré im vznikali v čase nástupu na túto rodičovskú dovolenku v pôvodnom rozsahu […]

§ 157 ods. 2 Zákonníka práce

These rights apply taking account of any changes introduced in the meantime by legislation, a collective agreement or the employer’s usual practices. The same approach applies after maternity and paternity leave. In those cases, conditions must be no less favourable than before the leave began, and the employee is also entitled to benefit from any improvement in working conditions (Section 157(1)). The work you may assign to the employee is determined primarily by the agreed type of work and place of work (Section 43(1), letters a) and b)). If the type of work is broadly defined in the contract, a modified position may also fall within that definition. If no work is available within the scope of the contract, you may offer another position, but you need the employee’s consent. An employment contract may be amended only by agreement, and the amendment must be made in writing (Section 54).

Notice only after the return and only where there is a genuine change

Maternity and parental leave are protected periods during which notice of termination on grounds of redundancy cannot be given (Section 64(1), letter d)). An exception applies, in particular, where the employer or part of its organisation is closed down (Section 64(3), letter a)). The protected period ends when the employee returns to work. However, protection continues if she is pregnant again or is a lone parent caring for a child under three years of age. The article on notice of termination during a protected period explains the details.

Notice of termination on grounds of redundancy then requires a written decision on an organisational change and compliance with the obligation to offer alternative employment, meaning an offer of other suitable work at the agreed place of work, if any is available (Section 63(1), letter b), and paragraph 2). The procedure is discussed in the question on notice of termination on grounds of redundancy. When an employee returns from parental leave, the prohibition of discrimination must also be considered. Discrimination on grounds of pregnancy or maternity is also treated as sex discrimination (Section 2a(11), letter a), of the Anti-Discrimination Act No. 365/2004 Z. z.; Section 13(2) of the Labour Code). If, in litigation, the employee establishes facts from which discrimination may reasonably be inferred, the employer must prove that it did not breach the principle of equal treatment (Section 11(2) of the Anti-Discrimination Act). The organisational change should therefore have a documented reason independent of her return.

Czechia: returning before the child’s second birthday

Since 1 June 2025, the Czech Labour Code (Act No. 262/2006 Sb.) has required employers to assign employees to their original job and workplace after maternity or paternity leave and after parental leave that ends before the child reaches two years of age (Section 47(1), letters b) and c), of Act No. 262/2006 Sb.). If the original work has ceased to exist or the workplace has been closed down, the employer must assign the employee work under their employment contract (Section 47(2)). For longer parental leave, only the general obligation to assign work under the employment contract applies (Section 38(1), letter a)).

In Czechia, taking maternity, paternity or parental leave also constitutes a protected period (Section 53(1), letter d)). After the employee returns, notice of termination on grounds of redundancy may be given (Section 52, letter c)), provided the organisational change is genuine and no other protected period applies, such as a further pregnancy. Discrimination on grounds of pregnancy, maternity or paternity is treated as sex discrimination (Section 16(2)).

How we can help

We will assess what work the employee’s employment contract permits and prepare an offer of a position or an amendment to the contract as part of our employment contracts and documentation service. If no work is available for her, we will prepare the decision on an organisational change, notice of termination or termination agreement as part of our termination of employment service.