What are your work options if your child’s school closes?

If public education institutions are ordered closed, many employees will ask their employers to support them in taking care of their children. Employees may request this if they have children affected by school closures who are under 18 and live in the same household, and if there is no other person in the same household who would have the capacity under law to take care of them. Our labour law specialists at Réti, Várszegi & Partners Law Firm PwC Legal have put together the following summary to inform parents of their options in the event of a school closure.

What can employers do?

The Labour Code makes it possible to exempt workers from their work obligations in exceptional cases in which they must be away from work for personal, family or other reasons due to force majeure. Employees must immediately notify their employer of the reason for their absence, indicating the expected duration. However, this is only a temporary solution, since in such cases employees are not entitled to remuneration for the duration of their absence.

Other options provided by labour law to be absent from work

According to our labour law experts at Réti, Várszegi & Partners Law Firm PwC Legal, the employer may grant time off against the employee’s annual leave entitlement, and the employee will receive a payment for the period of absence. The employee may also be granted special unpaid leave but would not be entitled to remuneration and would not be covered by social security for that period. The parties may also conclude an agreement under which the employee is exempted from work in view of the exceptional situation. In that case, however, the parties should agree on remuneration, as the law does not oblige the employer to pay remuneration under these circumstances. As no work will be carried out, the agreed remuneration can be lower than the statutory minimum wage or the guaranteed minimum wage.

Purchasing paid holidays from the cafeteria allowance

If the employer operates a cafeteria system, it is even possible for employees to purchase extra paid holidays from their annual cafeteria allowance. In this case, the parties will determine the “price” of the holiday(s) taken, and the employee’s annual cafeteria allowance will be reduced by that amount. If they choose this option, the cafeteria policy should be amended to include clear guidelines on how to request and administer such holidays.

Working from home as a practical solution

It is important to note that employers will still have the option to allow employees with children to work from home if the necessary technical and legal conditions are satisfied. This way, employees can meet their work obligations while also taking care of their children (unless constant supervision is required) and will continue to receive their original contractual salary.

According to our labour law specialists at Réti, Várszegi & Partners Law Firm PwC Legal, it might be useful to consider a wider application of part-time employment rules, even if only a small number of employees are affected, as well as staff leasing and student or pensioner work placement options.

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