Combining parental leave with work
The employee may combine the use of parental leave with the performance of work for the employer granting this leave, in the amount of no more than a half of full-time working hours. In such a case, parental leave is granted for the remaining part of the working time. The commencement of work shall take place upon request in paper or electronic form, submitted by the employee within a period no shorter than 21 days before the commencement of work. The employer is obliged to grant the employee’s request unless it is not possible due to the work organisation or the type of work performed by the employee. The employer shall inform the employee about the reason for refusal to accept the request, in paper or electronic form within 7 days from the date of receipt of the request.
Where an employee combines the taking of parental leave with work for the employer granting the leave, the duration of parental leave shall be extended in proportion to the amount of time worked by the employee during the leave or part thereof, but no longer than up to:
- 82 weeks – in the case of birth of one child, and
- 86 weeks – in the case of simultaneous birth of more than one child.
In the case of combining by an employee-parent of a child holding a certificate referred to in Article 4(3) of the Act of 4 November 2016 on support for pregnant women and families ‘For Life,’ the use of parental leave and working for the employer granting the leave, the duration of the parental leave shall be extended in proportion to the time spent working by the employee-parent of the child during the leave or part thereof, but no longer than until:
- 130 weeks – in the case of birth of one child; or
- 134 weeks – in the case of multiple pregnancy.
In the request for combining the use of parental leave by the employee with the performance of work for the employer granting that leave the employee determines how that part of parental leave for which the leave will be proportionally extended will be used.. The employer is obliged to grant the employee’s request unless it is not possible due to the work organisation or the type of work performed by the employee. The employer shall inform the employee about the reason for refusal to accept the request in paper or electronic form.
Analogous entitlements apply to employees who have taken guardianship over a child, except that employees who have taken guardianship over a child and have applied to the guardianship court to initiate adoption proceedings are entitled to parental leave to care for that child for no longer than until the child reaches the age of 14.
Legal basis
Act of 26 June 1974 – Labour Code (Journal of Laws [Dziennik Ustaw] of 2023, item 1465)