Protection of employees using childcare leave
The employer cannot terminate the employment contract from the date on which the employee entitled to childcare leave submits a request for:
- childcare leave – until the end of this leave,
- reduction of working time – until the date on which non-reduced working time applies again, but for no longer than 12 months in total.
The contract may be terminated by the employer only in the event of bankruptcy or liquidation of the employer and if there are reasons justifying the termination of the employment contract without notice due to the fault of the employee.
The employer shall allow the employee to work in the previous position after the end of the childcare 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.
Legal basis
Act of 26 June 1974 – Labour Code (Journal of Laws [Dziennik Ustaw] of 2023, item 1465)