Leave on terms of maternity leave (adoption leave) is granted to the employee who:

• has taken guardianship over a child as a foster family, with the exception of a professional foster family, or
• has taken guardianship over a child and has applied to the guardianship court to initiate adoption proceedings.

Duration of adoption leave

An employee who has taken guardianship over a child as a foster family, with the exception of a professional foster family, is entitled to adoption leave in the amount of:

• 20 weeks – if one child is adopted,
• 31 weeks – if two children are adopted at one time,
• 33 weeks – if three children are adopted at one time,
• 35 weeks – if four children are adopted at one time,
• 37 weeks – if five or more children are adopted at one time.

– no longer, however, than until the child reaches the age of 7, and in the case of a child in respect of whom a decision has been taken to postpone compulsory education, no longer than until the child reaches the age of 10.

The employee who has taken guardianship over a child and has applied to the guardianship court to initiate adoption proceedings shall be entitled to adoption leave in the amount of:

• 20 weeks – if one child is adopted,
• 31 weeks – if two children are adopted at one time,
• 33 weeks – if three children are adopted at one time,
• 35 weeks – if four children are adopted at one time,
• 37 weeks – if five or more children are adopted at one time

– no longer, however, than until the child reaches the age of 14.

If the employee has taken guardianship over a child up to the age of 7 years as a foster family (with the exception of a professional foster family) and, in the case of a child for whom a postponement of compulsory education has been decided, up to the age of 10 years, the employee is entitled to adoption leave of a minimum of 9 weeks. This applies if the child reaches the age of 7 or 10 years, respectively, during the leave.

If the employee has taken guardianship over a child up to the age of 14 and has applied to the guardianship court to initiate adoption proceedings, the employee is entitled to adoption leave of a minimum of 9 weeks. This applies if the child reaches the age of 14 during the period of leave.

Both the prospective adoptive father and the adoptive mother (including the foster father and foster mother) who have taken guardianship over a child may take this leave. The provisions of the Labour Code do not provide for the possibility of taking leave on terms of maternity leave by both future adoptive parents (foster parents) at the same time.

Adoption leave shall be granted upon the written request of the employee submitted in paper or electronic form within 7 days of taking guardianship over a child as a foster family or of submitting a request to the guardianship court for the initiation of adoption proceedings. Leave shall begin on a date as specified in the employee’s request, but no later than 21 days from the date of taking guardianship over a child as a foster family or of submitting a request to the guardianship court to initiate adoption proceedings, respectively.

The employer is obliged to grant the employee’s request.

Application of provisions on maternity leave

The maternity leave regulations apply accordingly to adoption leave (taking into account that maternity leave can be taken by both the prospective adoptive/foster father and the prospective adoptive/foster mother of a child).

The employer shall allow the employee to work in the previous position after the end of the adoption leave, or, if this is not possible, in a position equivalent to that occupied before the beginning of the leave, on terms no less favourable than those that would have applied if the employee had not taken the leave.

Maternity allowance

For the period of adoption leave, a maternity allowance of 100% of the allowance basis is payable.

In the event that an employee, no later than 21 days after taking guardianship over a child and requesting the court to initiate adoption proceedings or taking guardianship over a child as a foster family, submits a relevant request, the maternity allowance for the duration of that leave will amount to 81.5% of the allowance basis.

Duration of parental leave

The employee who has taken guardianship over a child as a foster family, with the exception of a professional foster family, shall be entitled to parental leave to care for that child, up to:

• 41 weeks – if one child is adopted,
• 43 weeks – if two or more children are adopted,
• 38 weeks – if the employee has adopted a child up to the age of 7, or up to the age of 10 in the case of a child in respect of whom a decision has been taken to postpone compulsory education.

The employee who has taken guardianship over a child and has applied to the guardianship court to initiate adoption proceedings shall be entitled to parental leave to care for that child, up to:

• 41 weeks – if one child is adopted,
• 43 weeks – if two or more children are adopted,

– no longer, however, than until the child reaches the age of 14.

The employee who has taken guardianship over a child and has applied to the guardianship court to initiate adoption proceedings for a child up to the age of 14 is entitled to 38 weeks of parental leave.

The employee who has taken guardianship over a child and has applied to the guardianship court to initiate adoption proceedings, in the case of a child holding the certificate referred to in Article 4(3) of the Act of 4 November 2016 on support for pregnant women and families ‘For Life,’ shall be entitled to parental leave to care of that child, up to:

• 65 weeks – if one child is adopted,
• 67 weeks – if two or more children are adopted,
• 62 weeks – if the employee has adopted a child up to the age of 7, and in the case of a child in respect of whom a decision has been taken to postpone compulsory education, until the child reaches the age of 10,

– no longer, however, than until the child reaches the age of 14.

The employee who has taken guardianship over a child as a foster family, with the exception of a professional foster family, and the employee who has taken guardianship over a child and has applied to the guardianship court to initiate adoption proceedings for a child up to the age of 14, in the case of a child holding the certificate referred to in Article 4(3) of the Act of 4 November 2016 on support for pregnant women and families ‘For Life,’ shall be entitled to 62 weeks of parental leave.

Parental leave shall be granted on a one-off basis or in no more than 5 parts.