Information for employers
What is the meaning of reconciliation of work and family obligations?
It is observed that employees who spend significantly more time at work, think about work-related issues after work, spend less time with their families become less satisfied with their work over time, and their psychological health deteriorates, leading to a decline in the employees’ productivity and worsening of their performance.
In view of these considerations, foreign undertakings are encouraged to ensure that employers offer employees the possibility to combine the two areas by promoting more flexible working-time arrangements, providing more rest periods and the possibility to work remotely or to work part-time, and ensuring that the employee is able to leave the workplace with the permission of the employer when needed, etc.
It should be noted, therefore, that the implementation of the above principle ensures the employee’s psychological health, which in turn leads to the employee’s job satisfaction and improved productivity, as well as better performance.
What is understood as family obligations?
In particular,
it should be stressed that, in the context of the principle of work-family harmony as
stipulated in Article 28 of the LC, the concept ‘family members’ prevails in the current version of the LC, however the LC does not provide an explanation of who is to be regarded as family members. A systematic analysis of individual provisions of the LC leads to the conclusion that family members include spouses, children (including adopted children), mother (including adoptive mother), father (including adoptive father), grandmother, grandfather, grandfather, other relatives actually raising a child or a person appointed as the child’s guardian, partners raising children, a parent raising children, persons having elderly/disabled relatives etc. In other words, these are persons facing issues of reconciling family and work. In particular, Article 1 of the International Labour Organization (ILO) Convention concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities (Convention No 156) states that this Convention applies to men and women workers with responsibilities in relation to their dependent children or to other members of their immediate family who clearly need their care or support. It can thus be concluded that under the ILO legal regulation the family is understood not only as spouses and their children, but also as close relatives.
Since neither Article 28 of the LC nor other articles of the LC define what constitutes an employee’s family obligations, both responsibilities of parents in relation to children or responsibilities in relation to spouses (e.g. the possibility to nurse a sick child or to attend a festivity at their kindergarten, school) and responsibilities in relation to other close relatives (e.g. the need to nurse elderly or sick parents or to care for any other relative living together with the employee) should be understood as the employee’s family obligations.
Family obligations
Responsibilities in relation to parents
Responsibilities in relation to children
Responsibilities in relation to spouses
Responsibilities in relation to other relatives
What guarantees of an employee, as provided for in the Labour Code of the Republic of Lithuania, must be ensured by an employer?
In accordance with Article 28(2) of the LC, employees’ requests related to the fulfilment of their family obligations, submitted in the cases provided for in this Code, must be considered and given a reasoned written response to by the employer.
In addition, the employee’s behaviour and their actions at work must be assessed by the employer in order to ensure that the principle of work-family harmony is implemented in practice and in full. Thus, for example, in a situation where an employee raising a young child is late for work, the employer should assess the reasons for being late for work and whether the fact of being late for work is due to the fulfilment of certain family obligations, such as the transport of the child to school, etc.
Article 28(1) of the LC aims to create real conditions for employees to reconcile work and family life, to return to work from childcare leave sooner, to have more flexible terms of employment, etc.
It should be noted that the LC provides for certain privileges and more flexible terms of employment for employees raising children. These privileges/guarantees in relation to reconciliation of work and family obligations will be briefly discussed below.
Article 40 of the LC provides for certain privileges for employees raising children by reducing their working hours. The restrictions set out in paragraph 4 of this Article concerning the establishment and duration of part-time work are not valid when the employer agrees to different part-time working conditions proposed by the employee or when the employee’s request, according to the conclusions of a healthcare institution, is based on the employee’s medical condition, disability or need to nurse/care for a family member, as well as when said is requested by an employee who is pregnant, who recently gave birth or who is breast feeding, an employee who is raising a child under the age of 8, or an employee who is a single parent raising a child under the age of 14 or a child with a disability under the age of 18. These persons may return to full-time work by giving 2 weeks’ written notice to the employer, except in cases when the employer agrees to waive this time limit.
It should also be noted that, in accordance with Article 52(2) of the LC, remote work is assigned at the request of the employee or by agreement of the parties. The employee’s refusal to work remotely may not serve as a legitimate reason to terminate an employment contract or to change the terms of employment. The employer must satisfy the employee’s request to work remotely when said is requested by an employee who is pregnant, who recently gave birth or who is breast feeding, an employee who is raising a child under the age of 8 or an employee who is a single parent raising a child under the age of 14 or a child with a disability under the age of 18 or when the employee’s request, according to the conclusions of a healthcare institution, is based on the employee’s medical condition, disability or need to nurse/care for a family member or a person living together with the employee, unless the employer proves that this would lead to excessive costs due to industrial necessity or specific organisation of work.
The principle of reconciliation of work and family obligations is also understood in the context of the right to extended annual leave and additional rest periods. Pursuant to Article 126(3) of the LC, employees under the age of 18, employees who are a single parent raising a child under the age of 14 or a child with a disability under the age of 18 and employees with a disability are granted annual leave of 25 working days (for those who work 5 days per week) or 30 working days (for those who work 6 days per week). If the number of working days per week is less or different, the employees referred to in this paragraph must be granted 5 weeks of leave. Article 138(3) of the LC provides that employees raising one child under the age of 12 are entitled to 1 extra day off per 3 months (or to a reduction in working time of 8 hours per 3 months), employees raising a child with a disability under the age of 18 or two children under the age of 12 are entitled to 1 extra day off per month (or to a reduction in working time of 2 hours per week), and employees raising three or more children under the age of 12, or raising two children under the age of 12 where at least one of the children has a disability, are entitled to 2 extra days off per month (or to a reduction of working time of 4 hours per week), paying them their average remuneration. At the request of employees who work shifts of more than 8 working hours, this additional rest period may be aggregated over several months until an extra day off occurs, which is granted no later than in the last month to be taken in aggregation. In the meantime, in accordance with paragraph 4 of this Article, employees who are not entitled to the extra days off provided for in paragraph 3 of this Article and are raising a child under the age of 14 who is enrolled in a pre-primary, primary or basic education programme are granted at least half a working day off per year on the first day of school, paying them their average remuneration.
It should be noted that the above principle is also implemented by drawing up a schedule of annual leave at the workplace, taking into account the preferences of the following employees (in order of priority):
pregnant employees and employees raising at least one child under the age of 3
employees raising at least one child under the age of 14 or a child with a disability under the age of 18
employees raising two or more children
employees who took less than 10 working days of leave during the previous calendar year
employees who have unused annual leave from the previous working year
It should also be noted that the employer must satisfy an employee’s request for annual leave in respect of the following employees:
women before or after pregnancy and childbirth leave
fathers during the pregnancy and childbirth leave of the mother of their child, before or after paternity leave
employees nursing sick family members and persons with disabilities
In addition, employees are granted paternity leave of 30 calendar days after the birth of a child, which can be divided into no more than two parts. This leave is granted at any time from the birth of the child until the child reaches 1 year of age.
The LC guarantees the right to unpaid time off, including for family needs. Thus, unpaid time off is granted during a working day/shift at an employee’s request and subject to the employer’s consent for the employee to take care of personal matters. The employer must grant unpaid time off to the employee if the employee’s request is related to family emergency in the event of illness or accident, when the employee must be directly involved. The parties to an employment contract may agree to move working time to another working day/shift, without prejudice to the maximum working time and minimum rest period requirements.
It should be noted that persons raising a child under the age of 3 and persons raising a child under the age of 7 have the right to choose a shift, if such a possibility exists, within 2 working days of them being posted (Article 115(3) of the LC).
It should be further noted that Article 134 of the LC guarantees the right to be granted childcare leave until a child reaches 3 years of age, except for the part of the period of leave referred to in paragraph 3 of this Article, not only for the mother of the child but also for the father/adoptive father, grandmother, grandfather or other relatives actually raising the child or an employee appointed as the child’s guardian. Paragraph 3 of this Article provides that each of the parents (adoptive parents, guardians) taking childcare leave is entitled, at any time until the child reaches 18 or 24 months of age, to first benefit from the 2?month part of childcare leave which cannot be transferred to anyone. Each parent (adoptive parent, guardian) may take the non-transferable 2?month part of childcare leave all at once or in parts, in turns with the other parent (adoptive parent, guardian). The non-transferable 2?month part of childcare leave may not be taken simultaneously by both parents (adoptive parents, guardians).
Guarantees for employees provided for in the Labour Code
Employer’s reasoned response to employees’ requests for reconciling work and family obligations
Employer’s duty to create conditions to work remotely for the following employees:
pregnant employees or employees who are breast feeding;
employees raising young children or a child with a disability under the age of 18;
employees nursing a family member or a person living with an employee.
Priority right for pregnant employees and employees raising young children in drawing up a schedule of leave.
Extended leave for employees who are single parents raising a child under the age of 14 or a child with a disability under the age of 18.
Better access to paternity leave.
Employee’s right to unpaid time off
Employer’s duty to create conditions to work part-time for the following employees:
employees nursing a family member;
pregnant employees or employees who are breast feeding; employees raising young children or a child with a disability under the age of 18.
Right of an employee raising a child under the age of 3 or 7 to choose a shift (if such a possibility exists)
Employer’s duty to satisfy a request for granting leave submitted by the following employees:
pregnant employees, before and during pregnancy and childbirth leave;
employees during the pregnancy and childbirth leave of the mother of their child, before or after paternity leave;
employees nursing sick family members and persons with disabilities.
Additional rest period for parents raising children.
Childcare leave
What guarantees of an employee, as provided for in the Law of the Republic of Lithuania on Safety and Health at Work, must be ensured by an employer?
It should be noted that Article 37(9) of the Law of the Republic of Lithuania on Safety and Health provides that an employee who is breastfeeding is to be provided at least every 3 hours, in addition to a general break to rest and eat, with a break of at least half an hour for breastfeeding. At the request of the employee, the breastfeeding breaks may be joined or added to the break to rest and eat or moved towards the end of the working day by reducing the duration of the working day accordingly. Such breastfeeding breaks are paid based on the employee’s remuneration.
It should be emphasised that the principle of reconciliation of work and family obligations should be understood not only as providing certain privileges or ensuring guarantees for employees raising children but also as certain adaptation of the workplace to the presence of employees’ children.
How can the principle of reconciliation of work and family obligations be implemented?
In putting the principle of reconciliation of work and family obligations into practice, employers could, for example, adopt local regulatory acts providing for measures and means to implement the principle of reconciliation of work and family obligations, and these measures and means could be set out in employment contracts and/or collective agreements. When it comes to the practical implementation of the above principle, mention should also be made of ILO Recommendation 165 concerning Equal Opportunities and Equal Treatment for Men and Women Workers: Workers with Family Responsibilities, which emphasises the following aspects:
In implementing the principle of reconciliation of work and family obligations, particular attention must be paid to reducing working hours, reducing overtime work, making the terms of employment more flexible through work scheduling, rest periods and holidays (e.g. employers could draw up work schedules for employees with family obligations (not only those raising children) so that the latter could take proper care of their family members);
Changes in the place of work of an employee with family obligations must take into account the place of work of the spouse and the location of the children’s educational institution (e.g. if the employer intends to change the terms of employment, which is particularly relevant when the location (area) of performance of the job functions is to be changed, the employer could, whenever possible (e.g. when there are several branches or divisions within the undertaking), enable the employee with family obligations to choose the place of work);
Parents should have the possibility to have additional leave in case their child falls ill (e.g. the specific number of days of paid leave could be agreed upon by the parties in an employment contract or the employer could approve the procedure for granting such leave by a local regulatory act);
When concluding employment contracts for shift work or work at night, the special needs of employees with family obligations must be taken into account (e.g. employees should be clearly informed about the organisation of shift work and work at night before starting the employment relationship and such employees should be able to choose a shift if they so request);
In order to safeguard the interests of employees with family obligations, appropriate protection and supervision must be established in respect of conclusion of part-time employment contracts, temporary agency employment contracts and remote work contracts with these employees (for example, in certain family circumstances (nursing a family member, etc.), the employer could provide for more flexible arrangements for the employee to temporarily work part-time or remotely);
Employees with family obligations, both men and women, must be given the possibility to have additional leave in the event of one of their family members falling ill if this person needs direct care and assistance of an employee (e.g. the specific number of days of paid leave could be agreed upon by the parties in an employment contract or the employer could approve the procedure for granting such leave by a local regulatory act).
It should be noted that employees raising young children often face difficulties in reconciling work and family obligations when children cannot attend pre-school educational institutions, including during summer when children do not attend pre-school or primary educational institutions, therefore the employees often have nowhere to leave their children. To address this issue, the State Labour Inspectorate (SLI) recommends, among other things, setting up a childcare facility at the workplace which meets hygiene requirements for such facilities and in which employees could, if necessary, leave their children and visit them at any time during work. This would enable parents on childcare leave to return back to work sooner and to reconcile work with their family obligations. It should be mentioned that not only a large portion of private sector employers use these practices at workplaces, but also public sector employers have already set up or are making efforts to set up such facilities.
Implementation of the principle of reconciliation of work and family obligations
More flexible terms of employment and more flexible working hours
Organisation of shift work and work at night, taking into account the employee’s family obligations
Changing the place of work to take into account the employee’s family obligations
Possibility to work part-time or remotely
Additional leave for the fulfilment of family obligations
Setting up of childcare facilities at workplaces
Communication between the parties to an employment contract in implementing this principle
First of all, an employee should actively communicate with the employer. The employer, being aware of a certain situation of the employee, should understand that the employee will not be able to work continuously and will need to pay close attention to their children or other family members. Similarly, the employee should define their time to be devoted to meet family needs in order to carry out their work properly. Thus, in order for work to be productive but without adversely affecting the employee’s family obligations the parties to the employment contract must communicate with each other, define guidelines for the implementation of activities in both areas and time to be devoted to both areas.
Business benefits of implementation of the principle of reconciliation of work and family obligations
The analysis shows that both Lithuanian and foreign undertakings are increasingly focused on the psychological health of employees, which ensures the employees’ satisfaction with work and personal life and in turn determines the employees’ productivity.
It is observed that foreign undertakings increasingly often emphasise the importance of reconciling work and family obligations and highlight several aspects of this approach:
- Balance of time devoted to work and family;
- Balance of psychological engagement in family and work;
- Balance of satisfaction with both areas.
Considering these aspects, it is observed that employees who spend significantly more time at work, think about work-related issues after work, spend less time with their families become less satisfied with their work over time, and their psychological health deteriorates, leading to a decline in the employees’ productivity and worsening of their performance.
In view of these considerations, foreign undertakings are encouraged to ensure that employers offer employees the possibility to combine the two areas by promoting more flexible working-time arrangements, providing more rest periods and the possibility to work remotely or to work part-time, and ensuring that the employee is able to leave the workplace with the permission of the employer when needed, etc.
Employees who are able to reconcile the areas in question feel more motivated and rested, making them more loyal to the employer, work more productively and improve their performance.
Business benefits of implementation of the principle of reconciliation of work and family obligations:
Balance of time devoted to work and family
Balance of psychological engagement in family and work
Balance of satisfaction with both areas
Motivated, loyal employees
More productive work
Better performance
Information for employees
In the Labour Code of the Republic of Lithuania, the principle of respect for an employee’s family obligations takes a new meaning in legal terms. This means that employees with family obligations are entitled to certain additional guarantees, and the employer is obliged to take measures to assist the employees in the fulfilment of their family obligations. The employee may submit to the employer requests related to the fulfilment of family obligations, which the employer must consider and give a reasoned written response to. The principle of respecting the employee’s family obligations is implemented through the provisions of the Labour Code governing the right to unpaid time off for family needs, part-time work, remote work, flexible and individualised working-time arrangements (the Labour Code provides for at least five different working-time arrangements), a variety of employment contracts (e.g. a job-sharing employment contract).
Extended annual leave
Employees raising a child under the age of 14 or a child with a disability under the age of 18 are granted annual leave of 25 working days (for those who work 5 days per week) or 30 working days (for those who work 6 days per week) or 5 weeks of leave (if the number of working days per week is less or different).
Part-time work
The employees mentioned above have the possibility to agree on
part-time work, but most importantly,
they have the opportunity to return to full-time work. The employer must satisfy the above request if an employee’s request, according to the conclusions of a healthcare institution, is based on the employee’s medical condition, disability or need to nurse a family member, also when said is requested by a pregnant woman, a woman who recently gave birth or a woman who is breast feeding, an employee raising a child under the age of 3 and an employee who is a single parent raising a child under the age of 14 or a child with a disability under the age of 18.
Shorter standard working hours for employees of budgetary institutions
For an employee raising a child under the age of 3 who works in a state or municipal institution which is funded from the state or municipal budget, the budget of the State Social Insurance Fund or other funds established by the state, or in a state or municipal enterprise, in a public institution owned by the state or the municipality, or the Bank of Lithuania, shorter standard working hours of 32 hours per week are established, paying fixed remuneration for the portion of the standard working hours that is not worked.
Non-transferable 2?month part of childcare leave
Each of the parents (adoptive parents, guardians) taking childcare leave is entitled, at any time until the child reaches 18 or 24 months of age, to first benefit from the 2?month part of childcare leave that cannot be transferred to anyone. Each parent (adoptive parent, guardian) may take the non-transferable 2?month part of childcare leave all at once or in parts, in turns with the other parent (adoptive parent, guardian). The non-transferable 2?month part of childcare leave may not be taken simultaneously by both parents (adoptive parents, guardians).
Remote work
The employer must satisfy the employee’s request to work remotely when said is requested by an employee who is pregnant, who recently gave birth or who is breast feeding, an employee who is raising a child under the age of 8 or an employee who is a single parent raising a child under the age of 14 or a child with a disability under the age of 18 or when the employee’s request, according to the conclusions of a healthcare institution, is based on the employee’s medical condition, disability or need to nurse/care for a family member or a person living together with the employee, unless the employer proves that this would lead to excessive costs due to industrial necessity or specific organisation of work.
Right to choose a shift
The right to choose a shift within 2 working days of them being posted is granted to:
persons raising a child under the age of 3
persons raising a child under the age of 7, where such a possibility exists
Right of priority to choose the time of annual leave
pregnant employees and employees raising at least one child under the age of 3
employees raising at least one child under the age of 14 or a child with a disability under the age of 18
employees raising two or more children
employees who took less than 10 working days of leave during the previous calendar year
employees who have unused annual leave from the previous working year
The employer must satisfy the employee’s request for annual leave for women before or after pregnancy and childbirth leave, for fathers during the pregnancy and childbirth leave of the mother of their child, before or after paternity leave, for employees nursing sick family members.
Better access to paternity leave for fathers
This leave is granted during any period from the birth of a child until the child reaches 1 year of age.
Extra days off (so-called ‘mama’s days’)
Employees raising a child with a disability under the age of 18 or two children under the age of 12 are entitled to 1 extra day off per month (or to a reduction in working time of 2 hours per week), whereas those raising three or more children under the age of 12 are entitled to 2 extra days off per month (or to a reduction in working time of 4 hours per week, accordingly), paying them their average remuneration. Employees who are not entitled to the extra days off and are raising a child under the age of 14 who is enrolled in a pre-primary, primary or basic education programme are granted at least half a working day off per year on the first day of school, paying them their average remuneration.
Right to unpaid time off for family needs
During a working day/shift, unpaid time off is granted at an employee’s request and with the employer’s consent for the employee to take care of personal matters. The parties may agree to move working time to another working day/shift, without prejudice to the maximum working time and minimum rest period requirements.
Right to unpaid leave
The employer must grant unpaid leave of a specified duration if requested by
an employee raising a child under the age of 14 – up to 14 calendar days
an employee raising a child with a disability under the age of 18 or nursing a person with a disability for whom the need for permanent nursing has been established – up to 30 calendar days
a father during the pregnancy and childbirth leave of the mother of his child and during childcare leave, of his choice (or a mother during a father’s childcare leave). The total duration of this leave may not exceed 3 months
an employee nursing a sick family member or an employee who has provided conclusions of a healthcare institution regarding their medical condition – for the period recommended by the healthcare institution
an employee getting married – up to 3 calendar days
an employee participating in the funeral of a deceased family member – up to 5 calendar days
When terminating an employment contract, additional protection to be provided to pregnant employees and employees raising children under the age of 3
From the date of becoming aware of an employee’s pregnancy to the date on which the employee’s baby reaches 4 months of age, the employer may not give notice to the pregnant employee of the upcoming termination of an employment contract or take a decision to terminate the employment contract, except for the cases when the employment contract is terminated by agreement between the parties, on the initiative of the pregnant employee, on the initiative of the pregnant employee during a trial period, in the absence of the will of the parties to the contract, also where a fixed-term employment contract expires or a court or a body of the employer takes a decision to terminate the employer.
An employment contract may not be terminated with employees raising a child or children under the age of 3 without any fault on the part of the employee, on the initiative of the employer, except for the cases when the employee does not agree to continue the relationship with the successor in title in the event of the employer’s termination.
When terminating an employment contract on the initiative of the employer and without any fault on the part of the employee, the notice periods are tripled for employees raising a child under the age of 14 or a child with a disability under the age of 18.
Possibility to terminate an employment contract under simplified terms (5 working days’ notice period, right to severance pay) on the employee’s initiative for valid reasons
An employee can take this opportunity if they care at home for a family member (child, father (adoptive father, guardian), mother (adoptive mother, guardian), husband, wife) for whom a special need for permanent nursing or special need for permanent care/assistance has been established.
