Parental leave

6 Jan 2009: On December 23, President Lech Kaczyński signed the act introducing significant changes in Polish labour code, inter alia enlarging rights of working parents.

New regulations have established solutions previously unknown in Polish law, as well as modified some of existing ones. Practical importance of the latter lies in considerable prolongation of maternity leave from minimum 20 up to 37 weeks, depending on numbers of children. Furthermore, this provision covers also women who have started their maternity leaves before implementation of new law.

New institutions in Polish labour code, introduced by this act is an additional maternity leave that may be used by working mother optionally. An employee may be granted additional 6 or 8 weeks of leave upon written application submitted to the employer after completion of compulsory period of leave but 7 days before the start of additional leave

According to the legislation, this leave is given on a one-off basis and is counted in weeks. Thus, this is impossible to divide it in shorter periods. An interesting solution would appear to be an introduction of possibility to combine the use of additional maternity leave and carrying out the work for the employer. However, there is a stipulation that this work can be performed maximum on part time basis. In that case additional maternity leave is given on the rest of daily standard working hours.

Important and new solution for working parents is paternity leave. Working father can be granted up to 2 weeks of this kind of leave. However, the duration of this entitlement is limited. Working father can use his right only until the child's first birthday. Paternity leave is also given upon written application. An employee should notify the employer in writing 7 days in advance of the commencement date of such a leave.

Moreover, changed legislation regulating cases of parental leave for child adopted or taken into foster care is worth mentioning. In the light of this regulations, foster parent acquires the same right to parental leave as a natural parent. This provision however, does not cover professional foster family, non-related to the child. According to regulations, an employee shall be granted this entitlement until the child reached the age of 7 years, or no more than 10 years, if there is legal decision on adjourning an obligation of compulsory school attendance.