Holidays Act (consolidated text Dec 2003)

Transcription

1 Página 1 de 14 Holidays Act Passed 4 April 2001 (RT 1 I 2001, 42, 233), entered into force 1 January 2002, amended by the following Acts: entered into force RT I 2003, 82, 549; entered into force RT I 2002, 62, 377; entered into force RT I 2002, 61, 375. Chapter 1 General Provisions 1. Scope of application of Act (1) This Act provides the duration of holidays and bases for the organisation of grant of holidays to persons working on the basis of employment contracts and to public servants (hereinafter employees). (2) This Act does not apply to employees whose holidays are regulated by other Acts. 2. Definition and classification of holiday (1) A holiday means the suspension of an employment contract or a service relationship pursuant to the procedure and under the conditions prescribed in this Act. (2) Holidays granted according to the nature of the work and working conditions are the following: 1) annual holiday, including extended holiday pursuant to 9 of this Act; 2) additional holiday pursuant to 10 of this Act. (3) In addition to the holidays specified in subsection 2 of this section, this Act regulates: 1) leave for parents pursuant to of this Act; 2) holiday without pay pursuant to of this Act. 3. Grant of holidays for working year Annual holiday, additional holiday and additional child care leave pursuant to 30 of this Act, (except the holiday granted pursuant to subsection 30 (1)) shall be granted per working year. A working year is a year which commences on the day a person commences work with an employer and continues until the same day of the following year. If there are periods of time which are not included in the working year pursuant to 4 of this Act, the end of the working year shall be postponed by the corresponding number of days. For periods shorter than a working year, holidays

2 Página 2 de 14 shall be granted in proportion to the amount of time worked. 4. Calculation of working year (1) In addition to actual time worked, a working year shall include: 1) periods during which an employee is temporarily incapacitated for work; 2) holidays, except parental leave and holidays without pay granted at the request of the employee; 3) holidays with partial pay pursuant to 33 of this Act; 4) periods of forced absence from work due to unlawful termination of employment contract, unlawful release from service or unlawful transfer to other work, if the employee is reinstated to employment; 5) other periods during which an employee is temporarily released from performance of his or her duties on the bases prescribed by law, other legislation, a collective agreement or employment contract. (2) By a decision of the employer, other periods during which an employee is temporarily released from performance of his or her duties by agreement of the parties may also be included in a working year. 5. Calculation of duration of holiday Regardless of the organisation of working time with an employer, the duration of a holiday shall be calculated in calendar days, and does not include national holidays and public holidays. 6. Extension of holiday A holiday prescribed for an employee by law or other legislation may be extended by a collective agreement or employment contract, or by agreement of the parties. 7. Duty to grant holiday and invalidity of waived holiday Employers do not have the right to withhold holidays and employees do not have the right to waive holidays. 8. Expiry of claim for entitlement to holiday (1) The right of claim for entitlement to holiday applies to holidays to be granted for the last four years. (2) If circumstances hindering the use of a holiday arise, the limitation period for the portion of the holiday that is not used starts to run after the hindering circumstances cease to exist. Chapter 2 Annual Holiday and Additional Holiday 9. Annual holiday

3 Página 3 de 14 (1) The duration of an annual holiday is twenty-eight calendar days, except in the cases prescribed in subsections (2) and (3) of this section. (2) An extended annual holiday shall be granted to: 1) minors, thirty-five calendar days; 2) persons who are granted a pension for incapacity for work or the national pension on the basis of incapacity for work pursuant to the State Pension Insurance Act (RT I 1998, 64/65, 1009; 2002, 53, 336; 338; 61, 375; 2003, 20, 116; 48, 343; 82, 549), thirty-five calendar days; 3) state officials and local government officials, thirty-five calendar days; 4) heads, teachers, academic staff, and other pedagogical specialists and scientific staff of pre-school child care institutions, nursery-primary schools, primary schools, basic schools and upper secondary schools, hobby schools, vocational educational institutions, institutions of applied higher education, universities and research and development institutions, up to fifty-six calendar days; 5) pedagogical specialists of medical institutions, social welfare institutions and children s sanatoriums, up to fifty-six calendar days. (3) A list of positions where extended holidays are granted for up to fifty-six calendar days and the duration of holidays for particular positions shall be established by a regulation of the Government of the Republic. (4) The annual holiday of an employee who works part-time shall be of the same duration as the annual holiday of a full-time employee. In the case of part-time employment, the duration of an additional holiday may be shortened only in the cases prescribed by law. (5) The duration of holidays prescribed in this section is not applicable to employees whose holidays are regulated by a specific Act. 10. Additional holiday (1) Employees have the right to an additional holiday if they are engaged in: 1) underground work; 2) work which poses a health hazard; 3) work of a special nature. (2) A list of underground work, work which poses a health hazard and work of a special nature where an additional holiday is granted, and the duration of the additional holiday shall be established by a regulation of the Government of the Republic. (3) Supplementary bases for granting an additional holiday may be prescribed by a collective agreement or employment contract. (4) Other additional holidays may be prescribed by other Acts. 11. Conditions for granting additional holiday

4 Página 4 de 14 Employees who are granted an annual holiday in full before the end of a working year shall also be granted an additional holiday in full, together with the annual holiday. 12. Combining annual holiday and additional holiday (1) An additional holiday shall be added to an annual holiday and shall be granted together with the annual holiday or, by agreement of the parties, at another time. (2) Additional holidays granted on different bases shall be added together. Chapter 3 Procedure for Granting Holidays 13. Grant of holidays during first working year (1) Employees who have worked at least six months during their first working year have the right to be granted a holiday in proportion to the number of months worked. Portion of holiday which has not been received shall be granted during the working year at another time, shall be added to the holiday of the following working year with the consent of the employee, or shall be granted at another time during the second working year. (2) Regardless of the amount of time worked, the following have the right to receive a holiday in full during the first working year: 1) minors; 2) persons who are granted a pension for incapacity for work or the national pension on the basis of incapacity for work pursuant to the State Pension Insurance Act; 3) women before or after pregnancy leave or maternity leave; 4) employees who are partially incapacitated for work due to a work-related injury; 5) in other cases prescribed by law, other legislation, a collective agreement or employment contract. (3) By agreement of the parties, a holiday may be granted in full during the first working year regardless of the amount of time worked. 14. Grant of holidays for second and subsequent working years Holidays shall be granted in full for the second or subsequent working years according to the holiday schedule of the employer. By agreement of the parties, a holiday schedule may be changed. Upon changing the holiday schedule, a new holiday time shall be determined. 15. Holiday schedule (1) Employers shall prepare a holiday schedule for every calendar year and communicate it to the employees during the month of January. By agreement of the parties, a holiday schedule may be changed. (2) Employers shall prepare a holiday schedule based on the interests of work management, taking requests of employees into consideration if possible.

5 Página 5 de 14 (3) Upon preparing a holiday schedule, employers are required to consider the requests of the employees who by law have the right to receive holidays at a time suitable for them pursuant to clauses 16 3)-6) of this Act. (4) If an employer does not communicate a holiday schedule to employees within the term specified in subsection (1) of this section, the employees have the right to take holiday at the time chosen by them and shall notify the employer thereof in writing at least two weeks in advance. 16. Grant of holidays at time suitable for employees An employer is required to grant a holiday at the time requested by the employee to the following: 1) a woman immediately before and after pregnancy leave or maternity leave or immediately after parental leave; 2) a man immediately after a parental leave or during pregnancy leave or maternity leave of his wife; 3) a parent raising a child of up to 7 years of age; 4) a parent raising a child of between 7 and 10 years of age, during a school holiday of the child; 5) a minor; 6) an employee who is partially incapacitated for work due to a work-related injury. 17. Circumstances preventing employee from taking holiday (1) The circumstances preventing employee from taking holiday are: 1) temporary incapacity for work of an employee; 2) pregnancy leave or maternity leave; 3) performance of duties assigned by a state or local government body; 4) participation in a lawful strike or representation of employees in collective bargaining pursuant to the procedure prescribed by law or a collective agreement; 5) being on study leave. (2) Employees are required to inform the employer of circumstances which prevent them from taking a holiday. The employer may demand documents which prove the circumstances which prevent an employee from taking the holiday. 18. Transfer of holiday or portion of holiday to another time due to circumstances which prevent employee from taking holiday (1) If circumstances which prevent an employee from taking a holiday pursuant to clauses 17 (1) 1)- 4) of this Act arise before the beginning of the holiday, the holiday shall be transferred to a time determined by agreement of the parties. If circumstances which prevent an employee from taking a holiday arise during the holiday, the unused portion of holiday shall be granted immediately after such circumstances cease to exist, or shall be transferred to another time by agreement of the parties. Clause 16 1) of this Act applies upon the transfer of a holiday to another time due to pregnancy leave

6 Página 6 de 14 or maternity leave. (2) If parties have not reached an agreement on transfer of a holiday or a portion of the holiday which was not used, the employee has the right to take the holiday to the extent of the unused holiday days and shall notify the employer thereof in writing at least two weeks in advance. 19. Transfer of holiday to another time by agreement of parties (1) By agreement of the parties, a holiday may be transferred to another time during the same working year. If an employer requests the transfer of a holiday but no agreement is reached with the employee, the employee has the right to take holiday at the time prescribed in the holiday schedule. (2) By agreement of the parties, a portion of a holiday may be transferred to the following working year. A portion of a holiday transferred to the following working year shall be added to the annual holiday of the given working year or, by agreement of the parties, shall be granted at another time during the working year. (3) Minors shall be granted a holiday in full every working year. The transfer of a holiday or a portion of a holiday is permitted only if the employee is on pregnancy leave or maternity leave. 20. Grant of holiday in parts By agreement of the parties, a holiday may be granted in parts; the duration of one continuous part must be at least fourteen calendar days. The duration of other parts of the holiday may be shorter. 21. Interruption of holiday (1) A holiday may be interrupted and an employee may be asked to return to work by agreement of the parties. (2) Portion of holiday which was not used due to the interruption of the holiday shall be granted at another time during the same working year by agreement of the parties, added to the holiday of the following year or granted at another time during the following working year. (3) If parties have not reached an agreement on transfer of a holiday or a portion of the holiday which was not used due to the interruption of the holiday, the employee has the right to go on holiday to the extent of the unused holiday days and he or she shall notify the employer thereof in writing at least two weeks in advance. 22. Formalising grant of holidays Holidays are formalised pursuant to the procedure established by the employer. Chapter 4 Holiday Pay and Monetary Compensation for Unused Holiday 23. Holiday pay Employers shall pay employees holiday pay for annual holiday and additional holiday, which are calculated pursuant to the procedure established by a regulation of the Government of the Republic. 24. Payment of holiday pay

7 Página 7 de 14 (1) Holiday pay is paid in full not later than on the penultimate working day before commencement of the holiday. (2) An employee who is not paid holiday pay at the time prescribed in subsections (1) or (3) of this section may demand extension of his or her holiday with payment of holiday pay for the period of time the holiday pay is delayed. (3) Under the conditions provided for in a collective agreement, holiday pay may be paid to an employee specified in clauses 9 (2) 4) and 5) and subsection 10 (1) in two parts, and at least half of the holiday pay shall be paid not later than on the penultimate working day before commencement of the holiday. The other portion of the holiday pay shall be paid at the time agreed in the collective agreement. 25. Compensation for unused holidays upon termination of employment contract or service relationship Upon the termination of an employment contract or a service relationship, the employer is required to pay the employee monetary compensation for unused holidays, but for not more than a total of four years unused holidays. 26. Payment of holiday pay from state budget funds (1) The following shall be financed from the state budget funds through the budget of the Ministry of Social Affairs: 1) the holiday pay and monetary compensation for unused holidays of minors and persons who are granted a pension for incapacity for work or the national pension on the basis of incapacity for work, for holidays of more than twenty-eight calendar days pursuant to clauses 9 (2) 1) and 2) of this Act; 2) the holiday pay for the additional child care leave provided for in 30 of this Act. (2) The holiday pay and compensations set out in clauses (1) 1) and 2) of this section shall be paid by the employer. (3) The holiday pay and the amount of the compensation prescribed in this section and the procedure for payment shall be established by a regulation of the Government of the Republic. Chapter 5 Leaves for Parents 27. Pregnancy and maternity leave (1) Pregnancy and maternity leave of 140 calendar days shall be granted to a woman on the basis of a certificate for maternity leave. (2) In the case of a multiple birth or a delivery with complications, pregnancy and maternity leave of 154 calendar days shall be granted. (3) A woman has the right to commence pregnancy and maternity leave at least 70 calendar days before the estimated date of delivery as determined by a doctor. (4) Benefit shall be paid for the period of pregnancy and maternity leave pursuant to the Health

8 Página 8 de 14 Insurance Act (RT I 2002, 62, 377; 2003, 20, 116). ( entered into force RT I 2002, 62, 377) 28. Adoptive parents leave Adoptive parents leave of 70 calendar days as of the date of entry into force of the adoption judgment shall be granted to a person adopting a child under 10 years of age who does not descend from the adoptive parent and for whom the adoptive parent is not a step-parent. Benefit shall be paid for such period pursuant to the Health Insurance Act. ( entered into force RT I 2002, 62, 377) 29. Parental leave (1) A mother or father shall be granted parental leave at his or her request for raising a child of up to 3 years of age. A parental leave terminates not later than on the day which follows the day on which the child reaches 3 years of age. (2) If a mother or father does not use a parental leave, the leave may be granted to the actual caregiver of the child who lawfully resides in the Republic of Estonia. (3) Parental leave may be used in one part or in parts at any time for raising a child of up to 3 years of age. (4) Parental leave shall not be granted if the child lives in a social welfare institution. (5) For the duration of parental leave, an employment contract or service relationship shall be suspended and the employee shall be paid benefit pursuant to the Parental Benefit Act or child care allowance pursuant to the State Family Benefits Act (RT I 1997, 42, 676; 77, 1309; 1998, 86/87, 1407; 1999, 10, 150; 16, 273; 67, 657; 82, 749; 2000, 102, 668). ( entered into force RT I 2003, 82, 549) 30. Additional child care leave (1) A father has the right to be granted an additional child care leave of fourteen calendar days during the pregnancy leave or maternity leave of the mother or within two months after the birth of the child. (2) A mother or father shall be granted an additional child care leave every working year at his or her request as follows: 1) child care leave of three calendar days if the mother or father has one or two children under 14 years of age; 2) child care leave of six calendar days if the mother or father has three or more children under 14 years of age or at least one child under 3 years of age. (3) A guardian raising a child without parents is also entitled to the leave specified in clauses (2) 1) and 2) of this section. (4) An additional child care leave shall be granted in the year that a child reaches 3 years of age and

9 Página 9 de years of age regardless of whether the child s birthday is before or after the leave. (5) An additional child care leave shall be added to an annual holiday, additional holiday or extended annual holiday and shall be granted together with the same or, by agreement of the parties, at another time during the same working year. (6) An additional child care leave shall not be granted if the child lives in a social welfare institution. 31. Additional child care leave without pay (1) At the request of the employee, the employer is required to grant an additional child care leave without pay to: 1) a parent who is raising a child of 14 years of age, and a guardian or caregiver with whom a written foster care contract has been entered into pursuant to subsection 15 (2) of the Social Welfare Act (RT I 1995, 21, 323; 2001, 98, 617; 2002, 53, 336; 61, 375; 64, 393; 90, 521; 2003, 58, 388; 75, 498); 2) a parent who is raising a disabled child under the age of 18, and a guardian or caregiver with whom a written foster care contract has been entered into pursuant to subsection 15 (2) of the Social Welfare Act. (2) An additional child care leave without pay shall be granted for up to fourteen calendar days during a working year at a time established by agreement of the parties. Chapter 6 Holiday without Pay or with Partial Pay 32. Holiday without pay by agreement of parties Employees may be granted a holiday without pay at their request for a period of time established by agreement of the parties. 33. Partially paid holiday on proposal of employer (1) Upon a temporary decrease in the volume of work or orders, employees may be granted a partially paid holiday for up to three months by agreement of the parties and with the approval of the labour inspector of the employer s location (residence), and the employees shall be notified thereof in writing at least two months in advance. (2) The holiday pay payable during holidays with partial pay shall not be less than 60 per cent of the minimum salary rate established by the Government of the Republic. (3) In case an employee disagrees with changes in work organisation specified in subsection (1) of this section, he or she has the right to terminate the employment contract due to violation of the conditions of the employment contract by the employer pursuant to the procedure prescribed in the Republic of Estonia Employment Contracts Act. (4) If an employer orders an employee to take a holiday with partial pay without the consent of the employee or the labour inspector, the employer is required to pay compensation to the employee in the amount of unpaid wages.

10 Página 10 de Duty to grant holiday without pay (1) At the request of an employee, the employer is required to grant a holiday without pay to: 1) an employee for taking the state examinations of an upper secondary school or the entrance examinations of a vocational educational institution, institution of applied higher education or a university; 2) in other cases prescribed by law, other legislation, a collective agreement or employment contract. (2) Holidays without pay shall be granted for taking the state examinations of an upper secondary school or the entrance examinations of a vocational educational institution, institution of applied higher education or a university on the basis of a statement from the educational institution for the time indicated therein. In other cases, holidays without pay shall be granted to the extent prescribed in the corresponding Act, other legislation, a collective agreement or employment contract. 35. Formalisation of holiday without pay Holidays without pay shall be formalised pursuant to the procedure established by the employer. Chapter 7 State Supervision 36. State supervision (1) State supervision over compliance with this Act and legislation established on the basis thereof shall be exercised by the Labour Inspectorate. (2) In the case of violation of this Act or legislation established on the basis thereof, the head of a regional office of the Labour Inspectorate and labour inspectors of the location (residence) of employers have the right to issue precepts and inspect compliance with the precepts. Precepts issued by the head of a regional office of the Labour Inspectorate and labour inspectors are mandatory for employers. 37. Contestation of precept (1) If an employer does not agree with a precept issued by a labour inspector of the location (residence) of the employer, the employer has the right to file a complaint either with the head of the regional office of the Labour Inspectorate or an administrative court within ten calendar days after the date of receipt of the precept. If a precept is issued by the head of a regional office of the Labour Inspectorate and an employer does not agree with the precept, the employer has the right to file a complaint either with the Director General of the Labour Inspectorate or an administrative court within ten calendar days after the date of receipt of the precept. (2) The filing of a complaint does not discharge the person from the obligation to comply with the precept. (3) The head of a regional office of the Labour Inspectorate, the Director General of the Labour Inspectorate or an administrative court has the right to suspend compliance with a precept until adjudication of the complaint at the request of the complainant or on its own initiative. (4) The head of the regional office of the Labour Inspectorate or the Director General of the Labour Inspectorate shall review the complaint and decide, within one week after the date of receipt of the

11 Página 11 de 14 complaint, whether the precept remains in force, is amended or revoked. The complainant shall be notified of the decision against his or her signature or the decision shall be sent to him or her by post with advice of delivery. If the complainant does not agree with the decision of the head of the regional office of the Labour Inspectorate or the Director General of the Labour Inspectorate, the complainant may contest it in an administrative court. 36. Exercise of state supervision (1) State supervision over compliance with the requirements of this Act and legislation established on the basis thereof shall be exercised by the Labour Inspectorate. The provisions of the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53, 336; 61, 375; 2003, 20, 117) apply to the proceedings conducted in the course of state supervision, taking account of the specifications provided for in this Act. (2) In the event of violation of the requirements of this Act or legislation established on the basis thereof, a labour inspector and the head of a regional office of the Labour Inspectorate have the right to issue a precept which sets out: 1) the time and place of the issue of the precept; 2) the given name, surname and position of the person who prepares the precept and the name and address of the agency; 3) the given name and surname of the natural person to whom or the name of the legal person to which the precept is issued; 4) the circumstances which are the basis for the issue of the precept and a reference to the legal grounds therefor; 5) the conclusion of the precept in which the obligations of the obligated subject arising from the precept and the terms for performance of the obligations are set out; 6) a reference to the possibility of administrative coercive measures being applied upon failure to perform the obligations set out in the precept; 7) the procedure and term for contesting the precept; 8) the signature of the person who prepares the precept. (3) A precept shall be prepared in two identical copies, of which one shall remain with the person who prepares the precept and the other shall be given to the obligated subject. If it is necessary to inform a third party of the precept, a copy of the precept certified by the person who prepared the precept shall be delivered to the third party by post or by electronic means. (4) A precept is mandatory for an employer, and a supervisory official specified in subsection (2) of this section has the right to inspect compliance with the precept within the specified term. (5) Upon failure to perform an obligation specified in subsection (2) of this section, a labour inspector and the head of a regional office of the Labour Inspectorate may impose a penalty payment pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act (RT I 2001, 50, 283; 94, 580). (6) The upper limit for penalty payments specified in subsection (5) of this section is kroons.

12 Página 12 de 14 ( entered into force RT I 2002, 61, 375) 37. Decision of labour inspector and head of regional office of Labour Inspectorate (1) A labour inspector and the head of a regional office of the Labour Inspectorate shall make a decision by which the consent or approval prescribed in this Act is granted or refused and shall inform the employer thereof within one week as of the submission of a written application. The provisions of the Administrative Procedure Act apply to the proceedings for making a decision, taking account of the specifications provided for in this Act. (2) A decision specified in subsection (1) shall set out: 1) the time and place of making or refusal to make the decision; 2) the given name, surname and position of the person who prepares the decision and the name of the agency; 3) the reason and legal basis for making or refusing to make the decision; 4) the procedure and term for contestation of the refusal to make the decision; 5) the signature of the person who prepares the decision. ( entered into force RT I 2002, 61, 375) Challenge proceedings regarding precept and decision (1) Challenges against precepts or decisions shall be filed, reviewed and adjudicated pursuant to the procedure provided for in the Administrative Procedure Act, taking account of the specifications prescribed in this Act. (2) If an employer does not agree with a precept issued or decision made by a labour inspector, the employer has the right to file a challenge with the head of the regional office of the Labour Inspectorate within ten calendar days as of the administrative act being made public. If a precept is issued or a decision concerning refusal to grant approval is made by the head of a regional office of the Labour Inspectorate, the employer has the right to file a challenge with the Director General of the Labour Inspectorate within ten calendar days as of the administrative act being made public. (3) The filing of a challenge shall not release the person from the duty to comply with the precept or decision. Heads of regional offices of the Labour Inspectorate or the Director General of the Labour Inspectorate have the right, on the application of a person filing a challenge or at their own discretion, to suspend the enforcement of a precept or decision until a decision is made on the challenge. ( entered into force RT I 2002, 61, 375) Chapter 8 Implementing Provisions 38. Application of 8 of this Act Limitation period does not apply to claims for entitlement to holiday which arise before the entry

13 Página 13 de 14 into force of this Act. 39. Amendment of Republic of Estonia Employment Contracts Act In the heading of 92 and subsection 92 (1) of the Republic of Estonia Employment Contracts Act (RT 1992, 15/16, 241; RT I 1993, 10, 150; 26, 441; 1995, 14, 170; 16, 228; 1996, 3, 57; 40, 773; 45, 850; 49, 953; 1997, 5/6, 32; 1998, 111, 1829; 1999, 7, 112; 16, 276; 60, 616; 2000, 25, 144; 51, 327; 57, 370; 102, 669; 2001, 17, 78; 42, 233; 53, 311; 2002, 61, 375; 62, 377; 110, 656; 111, 663; 2003, 4, 22; 13, 69) the word woman is substituted by the word person. 40. Amendment of Public Service Act In subsection 133 (2) of the Public Service Act (RT I 1995, 16, 228; 1999, 7, 112; 10, 155; 16, 271; 276; 2000, 25, 144; 145; 28, 167; 102, 672; 2001, 7, 17; 18; 17, 78; 24, 133; 42, 233; 47, 260; 2002, 21, 117; 62, 377; 110, 656; 2003, 4, 22; 13, 67; 69; 20, 116; 51, 349; 58, 387), the word woman is substituted by the word person. 41. Amendment of Wages Act The following amendments are made to 31 of the Wages Act (RT I 1994, 11, 154; 1995, 12, 120; 1999, 29, 397; 2000, 10, 59; 40, 248; 2001, 42, 233; 50, 287; 2002, 61, 375; 62, 377; 111, 662; RT III 2003, 2, 16): 1) the words, except in the case specified in subsection (6) of this section are omitted from subsection (1 1 ); 2) subsection (6) is repealed. 42. Amendment of Republic of Estonia Health Insurance Act The Republic of Estonia Health Insurance Act (RT 1991, 23, 272; RT I 1999, 7, 113; 29, 397; 2000, 57, 374; 84, 536; 102, 675) is amended as follows: 1) clause 8 (2) 2) is repealed; 2) clause 4) is added to subsection 8 (3) worded as follows: «4) adoptive parents leave for an adoptive parent of a child under 4 years of age. ; 3) clause 9 (3) 2) is repealed; 4) clause 4) is added to subsection 9 (4) worded as follows: «4) in the case of adoptive parents leave for an adoptive parent of a child under 4 years of age on the basis of a certificate for care leave, for seventy calendar days as of the date of adoption. ; 5) in clause 10 4 (1) 3), the words under 1 year of age shall be substituted by the words under 4 years of age. 43. Repeal of Republic of Estonia Holidays Act The Republic of Estonia Holidays Act (RT 1992, 37, 481; 1993, 10, 150; RT I 1994, 84, 1474; 1995, 16, 228; 1997, 74, 1229; 93, 1560; 1999, 82, 749; 2001, 17, 78) is repealed.

14 Página 14 de Entry into force of Act This Act enters into force on 1 January RT = Riigi Teataja = State Gazette