If an employee has been absent from work for several years, the employer could offer additional support and help the employee acquire new skills. They may not offer a lower-ranked position or smaller salary.
An employee who has returned from parental leave must get back his or her job or an equivalent job that the parties to the employment contract had agreed on before the employee took parental leave.
Offering a lower-ranked position cannot be justified by the fact that, because of the employee’s absence from work due to the birth of children, they lack the skills needed to work with, for example, new software and working methods, because the employer must ensure that employees are trained to cope with innovations in the work process. The employer must bear the training expenses and pay the employee the average wage during the training (clause 28 (2) 5) of the Employment Contracts Act, subsections 31 (1), (6) and 10) of the Civil Service Act).
It is also prohibited to apply a new probationary period or an induction period with reduced pay on the grounds that the employee was absent from work because of parental leave.
Clauses 28 (2) 1)-2) and 5) of the Employment Contracts Act
Clause 6 (2) 1) of the Gender Equality Act
Subsection 31 (1), (6) ad (10) of the Civil Service Act
The activities of an employer are also deemed to be discriminatory if the employer treats a person less favourably due to pregnancy, child-birth, parenting, performance of family obligations or other circumstances related to gender (subsection 6 (2) of the Gender Equality Act).
This explanation does not constitute legal aid in a specific case. Therefore, if you feel that you have been treated unequally, but you did not find a solution to your problem in this article, or if you have a question, please contact the Equality Commissioner by e-mail at avaldus@volinik.ee or telephone +372 626 9059. The anonymity of the person is guaranteed when contacting the Commissioner.
