Decree No. 139 / 2020 Coll.
Decree on the provision of duty leave to professional soldiers in connection with emergency measures in the event of an epidemic
Valid
Effective from 30.03.2020
139
DECLARATION
of 30 March 2020
on the provision of duty leave to professional soldiers in connection with emergency measures in the event of an epidemic
According to § 39 (5) of Act No. 221 / 1999 Coll., the Ministry of Defence provides:
Reason for duty leave
(1) A duty leave shall be granted to an occupational soldier ("soldier") when providing for the care of a child under 10 years of age and a lone soldier who has the permanent care of at least one child of at least one age until the end of compulsory education, on the grounds that the child education establishment in whose care he is otherwise in, or the school he is in, or part of which has been concluded on the basis of emergency measures in direct connection with COVID-19.
(2) A duty leave shall also be granted to a soldier who is unable to carry out a service due to the care of a child or a household person who is dependent on the assistance of another person at least in Level I (easy dependency) under the Social Services Act, provided that the establishment or part of him which otherwise provides care to him has been concluded on the basis of an emergency measure in direct connection with the disease of COVID-19.
(3) The condition of childcare for the closure of a childcare facility or a special childcare facility, or any other similar facility for children whose daily or weekly care the child otherwise is, or of the school to which the child goes, shall be deemed to be fulfilled for the purposes of the duty leave referred to in paragraph 1, even if the soldier does not place the child in that establishment or school in view of the possibility of endangering his or her health or the health of other persons living with the child in the household as a result of an epidemic or for other serious reasons; In particular, a significant reduction in the capacity or operational time of facilities for children or schools or the setting of restrictive regime measures in those facilities in connection with the epidemic shall be considered as another serious reason. The reason for not placing the child in an establishment or school according to the first sentence shall be for the soldier to state in the application for leave of service. The first and second sentences shall apply mutatis mutandis to the care of other persons referred to in paragraph 2.
Scope of duty leave
Staff leave shall be granted throughout the period of closure of the childcare establishment, of the establishment referred to in § 1 (2) or of the school, if there is a need for care during that period. Staff leave shall be granted only to one authorised person. Authorised soldiers can take turns in the same case.
Transitional provision
Staff leave shall be granted retrospectively instead of additional leave, replacement leave, leave or regular leave, provided that they have been taken for the reason set out in Section 1, after exhaustion of the leave granted under Section 2 of Decree No. 263 / 1999 Coll., setting out the reasons for the provision of duty leave to professional soldiers for the obstacles to the service and the extent of the leave, as amended.
Efficacy
This decree shall take effect on the day of its publication.
Minister for Defence:
Mgr. Metnar v. r.
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Regulation Information
| Citation | Decree No. 139 / 2020 Coll., on providing duty leave to professional soldiers in connection with emergency measures in the event of an epidemic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.03.2020 |
|---|---|
| Effective from | 30.03.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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