4. Childcare Leave
Before taking leave, the member of the executive board shall submit a notice on taking leave to the company or, if the company has only one member of the executive board, to the shareholders. The notice shall be submitted within a reasonable period; however, a notice on taking childcare leave shall be submitted no later than one month before the start of the leave. The notice shall specify the type of leave, its duration, and the start and end dates thereof, and shall be accompanied by supporting documents. The powers of the member of the executive board shall be suspended as of the first day of the leave.
Within three working days from the start date of the leave of the member of the executive board, the company shall submit an application regarding changes to the composition of the executive board to the Register of Enterprises, attaching the notice on taking leave submitted by the member of the executive board. If the company does not submit the application regarding changes to the executive board, the member of the executive board is entitled to submit the relevant application together with the notice, confirming in the application that the notice on taking leave has been submitted to the company.
The member of the executive board shall inform the company or, if the company has only one member of the executive board, the shareholders of their return from leave by submitting a notice of return from leave no later than 14 days in advance. If the leave is shorter than one month, a single combined notice on taking leave and returning from leave may be submitted. The company shall submit an application regarding changes to the composition of the executive board and the notice of return from leave submitted by the member of the executive board within three working days from the date on which the powers of the member of the executive board are reinstated. If the company does not submit the application regarding changes to the executive board, the member of the executive board is entitled to submit the relevant application together with the notice, confirming in the application that the notice of return from leave has been submitted to the company.
If the member of the executive board does not submit a notice of return from leave within the prescribed period, they shall be deemed to have left office on the last day of the leave. In such a case, the company must submit an application regarding changes to the composition of the executive board to the Register of Enterprises.
The shareholders’ meeting is entitled to elect another member of the executive board for the period during which a member of the executive board is absent while on childcare leave. The powers of the elected member of the executive board shall terminate upon the return of the member of the executive board from such special leave. In such a case, the company must submit an application regarding changes to the composition of the executive board to the Register of Enterprises both when the member of the executive board commences the performance of their duties and when their powers terminate (where the powers terminate because the member of the executive board on leave returns from leave, no decision of the shareholders’ meeting on removal from office is required).