The duration of maternity leave depends on the number of children born at one birth and is as follows:

• 20 weeks – in the case of birth of one child;
• 31 weeks – in the case of birth of two children;
• 33 weeks – in the case of birth of three children;
• 35 weeks – in the case of birth of four children;
• 37 weeks – in the case of birth of five and more children.

The employee may use up to 6 weeks of maternity leave before the expected date of childbirth.

If the employee has not taken maternity leave before the childbirth, the maternity leave begins on the day of childbirth. A week of maternity leave corresponds to 7 days counted from the first day of this leave.

After giving birth, the mother must use 14 weeks of leave on a compulsory basis. She may renounce the remaining 6 weeks of leave and return to work, provided that:

• the remaining part of the maternity leave is taken by the employee-father raising the child or,
• for a period corresponding to the remaining period of maternity leave, the personal care of the child is provided by the insured father of the child who has interrupted his economic activity in order to provide this care.

In that case, the employee submits a written request in paper or electronic form to the employer regarding her resignation from the portion of the maternity leave at least 7 days before commencing work. The employer is obliged to grant the employee’s request.

The aforementioned part of the maternity leave shall be granted by the employer to the employee-father raising the child or the employee who is another member of the immediate family, as the case may be, upon request by the employee in paper or electronic form, submitted not less than 14 days prior to the commencement of the part of the leave. The employer is obliged to grant the request of the employee-father raising a child or the employee who is another immediate family member.

Special situations relating to the granting of maternity leave

The Labour Code also regulates special cases, such as: the mother or child’s stay in hospital or other medical establishment, the death of the child or mother, abandonment of the child by the mother, her inability to live independently and take up work if she was not covered by social insurance in the event of sickness and maternity. In those circumstances, it is possible for a portion of the maternity leave to be used by the employee-father or the employee who is other immediate family member, and in some cases, for the maternity allowance to be collected by the insured person: the child’s father or other immediate family member.

Hospitalisation

If a child requires hospital care, an employee who has used 8 weeks of maternity leave after giving birth may discontinue her maternity leave and use the remaining part of the leave at a later date after the child leaves the hospital.

If the employee stays in a hospital or a medical centre, the employee may discontinue her maternity leave for the period of stay in a hospital or a medical centre once she has used 8 weeks of this leave after giving birth. The condition for discontinuing maternity leave in such a case is that part of the maternity leave for that period is taken by the employee-father raising the child or by the employee who is another member of the immediate family.

Death of a child

In the case of a stillbirth or if a child dies before the lapse of 8 weeks after they are born, the employee shall be entitled to maternity leave for a period of 8 weeks after childbirth, not less than 7 days from the date of the child death.

If a child dies after the lapse of 8 weeks after they are born, the employee retains the right to maternity leave for 7 days from the date of the child death.

Death of a mother

In the event of the death of the employee during her maternity leave or of the insured mother of a child while receiving maternity benefit for a period corresponding to the period of that leave, the employee-father raising the child or the employee who is another member of the immediate family shall be entitled to the part of the maternity leave falling after the date of death of the employee or the insured mother of a child.

In the event of the death of the child’s mother, who was not covered or did not have the right to be covered by social insurance in the event of sickness and maternity, the employee-father raising the child or the employee who is another member of the immediate family shall be entitled to the part of the maternity leave falling after the date of death of the child’s mother until the end of the maternity leave period.

Part of the maternity leave shall be granted upon request in paper or electronic form by the employee-father raising the child or by the employee who is another member of the immediate family. The employer is obliged to grant this request.

Protection of employees using maternity leave

During pregnancy and the period of maternity leave, as well as from the date on which the employee submits the request for maternity leave or a part thereof until the date of expiry of that leave, the employer may not:

1. prepare for the termination of the employment relationship with this employee, with or without notice,
2. terminate the employment relationship with that employee, unless there are reasons justifying the termination of the contract without notice due to their fault and the trade union organisation representing the employee has agreed to the termination of the contract.

If the employee submits the aforementioned request earlier than on the dates specified in the provisions of the Labour Code, the protection of the employment relationship starts to apply 14 days before the beginning of the use of part of the maternity leave.

Termination of the employment contract with notice by the employer during the employee’s pregnancy and maternity leave, and from the date on which the employee applies for maternity leave or part thereof, and until the end of that leave, may take place only in the event of bankruptcy or liquidation of the employer. The employer is obliged to agree with the trade union organisation representing the employee on the date of termination of the employment contract. If other employment cannot be provided during that period, the employee shall be entitled to the benefits provided for in separate provisions. The period of receipt of these benefits shall be counted as part of the period of employment on which employee rights are dependent.

In the event of a dispute between the parties to the employment relationship, the burden of proof lies with the employer.

The employer shall allow the employee to work in the previous position after the end of the maternity 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.

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

However, if the employee submits a relevant request within 21 days at the latest after giving birth, the monthly maternity allowance for the period of maternity leave (and parental leave) amounts to 81.5% of the allowance basis.