Paternity leave

Men raising children have the right to paternity leave of up to two weeks. Fathers can take this leave in one or two parts at any time of their choice. They have time to do so until the child turns 24 months old.

The same period applies in case of adoption. The time limit is counted from the date on which the decision on the adoption becomes final and valid. However, we must remember that in this case the right to paternity leave is granted to an employee being the father of the child for no longer than until the child turns 7 years old or – if such for this child a decision on postponing compulsory schooling has been made – 10 years old.

Paternity leave is the exclusive and independent right of the father. The employer is obliged to grant paternity leave upon written request of the employee being the father. We should remember that the application should be submitted no later than seven days before the commencement of leave.

Time off from work due to the birth of a child

New fathers have also the right to take two days off from work due to the birth of the child. The employer is obliged to grant time off from work to the man whose child was born. If this right is exercised, the employee keeps the right to remuneration for this time off.

Rights shared with a mother

The father raising the child also has the rights which he can share with the mother of his infant. They include:

• the right to part of maternity leave or leave on the terms of maternity leave – in accordance with the rules described in the part concerning: taking over part of maternity leave by the father raising the child.

The first 14 weeks of maternity leave after childbirth are granted only to the mother. The female employee may resign from the rest, i.e. the unused part of this leave, if it is taken over by the employee – the father of the child (or the father of the child – the insured person takes over the personal care of the child). Maternity leave is granted in full weeks.

• parental leave

After using maternity leave or the maternity allowance for a period corresponding to the period of maternity leave, the employee-parent of the child has the right to parental leave whose total length is 32 (in the case of the mother giving birth to one child during one birth) or 34 weeks (in the case of giving birth to more than one child at one birth).

Parental leave is granted to both parents or – if they jointly decide so – to one of them, for the total length as specified above. It is granted on a one-off basis or in up to four parts.

• child-raising leave

The employee employed for at least 6 months has the right to child-raising leave in order to take personal care of the child. The length of this leave is up to 36 months, including, as a rule, 1 month of child-raising leave is granted only to the other parent or guardian of the child. It is granted for a period not longer than until the end of the calendar year in which the child turns 6 years old – in up to 5 parts. The number of parts of leave is determined based on the number of submitted applications for leave.

• the possibility of reducing the number of working hours

The employee having the right to child-raising leave may submit to the employer a written application for reducing the number of working hours to not less than half of the number of full-time working hours during the period in which this employee could take such leave. The employee should submit such an application 21 days before the commencement of work in the reduced number of working hours.

• the prohibition of employing the father taking care of the child overtime, at night, at the so-called intermittent working time system and of posting him outside the permanent workplace

The employer may not, without the consent of the employee taking care of the child below 4, employ him overtime, at night, at intermittent working time system and post him outside the permanent workplace. It should be remembered here that if both parents (or guardians) of the child are employed, only one of them can use these rights.

• time off from work for raising the child below 14

Parents or guardians have the right to two days off from work in a given calendar year in connection with raising at least one child below 14. What is important, it is the parents or guardians themselves who decide whether they want to take this time off in days (2 days) or hours (16 hours). For the duration of such time off, the employee keeps the right to remuneration. If both parents or guardians of the child are employed, this right is granted to one of them or they can share this time off within the above limit.

Taking over maternity leave by the father raising the child

On 2 January 2016, solutions came into force that promote the more active involvement of the employee being the father in the care of the child. The new legislation extended the group of employees having the right to take over part of maternity leave or parental leave or part of it. Also new situations, the occurrence of which gives employees the right to take such leave, have been envisaged.

The legislation distinguishes two groups of cases after meeting of which the father raising the child may use part of maternity leave:

I. the mother employed under a contract of employment:

• after using at least 14 weeks of maternity leave after giving birth, decides to share the remaining part of leave with the father raising the child. Each part of maternity leave is granted in full weeks;
• after using at least 8 weeks of maternity leave after childbirth, the mother holding a certificate of incapacity for independent existence will resign from part of maternity leave;
• due to her state of health preventing her from taking personal care of the child, she interrupts maternity leave for the period of her stay in hospital or other medical institution of a medical entity performing medical activity, consisting in providing stationary and round-the-clock health services. The prerequisite is that the mother after childbirth takes at least 8 weeks of maternity leave;
• dies during maternity leave;
• holds a certificate on incapacity for independent existence. In this situation, the mother may resign from the remaining part of maternity leave after taking at least 8 weeks of this leave after childbirth;
• abandons the child during maternity leave. The right to part of maternity leave is granted to the employee being the father not earlier than after using at least 8 weeks of this leave by the female employee.

2. the mother who is not in an employment relationship (has the right to the maternity allowance or is not covered by insurance):

• the insured mother resigns from the maternity allowance after using this allowance after childbirth for a period of at least 14 weeks,
• the insured mother holding a certificate of incapacity for independent existence, resigns from receiving the maternity allowance after using this allowance for a period of at least 8 weeks after childbirth,

- in these situations, the employee being the father has the right to part of maternity leave falling after the date on which the mother resigns from receiving this allowance;

• the insured mother, due to her state of health preventing her from taking personal care of the child, interrupts receiving the maternity allowance for the period of her stay in hospital or other medical institution of a medical entity performing medical activity, consisting in providing stationary and round-the-clock health services. The prerequisite is that the mother after childbirth takes at least 8 weeks of maternity leave. In this situation, the employee being the father has the right to part of maternity leave corresponding to the period of this stay;
• the insured mother dies during receiving the allowance. The same applies in the case of the death of the mother who is not covered by social insurance in the event of illness or maternity or who does not have the right to such insurance. Then, the employee being the father has the right to part of maternity leave falling after the day of death of the mother;
• the insured mother abandons the child while receiving the maternity allowance and also when the child is abandoned by the mother who is not covered by social insurance in the event of illness or maternity or who does not have the right to such insurance. The employee being the father has the right to maternity leave after the date of abandonment of the child, but not earlier than after the mother of the child has used the maternity allowance for a period of at least 8 weeks after childbirth;
• in the case of inability to take personal care of the child by the mother who is not covered by social insurance in the event of illness or maternity, or who does not have the right to such insurance, and holds a certificate of incapacity for independent existence;
• in a situation where the mother of the child, who does not have the right to social insurance in the event of illness and maternity from the social security system, takes up employment for the number of working hours not less than half of the number of full-time working hours. The right to leave or to the maternity allowance is granted to the father for the period not longer than the duration of the mother’s employment.

In each of these circumstances, the employee being the father raising the child or the employee being another member of the immediate family has the right to take part of leave on the conditions of maternity leave or part of parental leave.

Fathers exercise their rights

Men raising children are aware of their rights and are willing to exercise them. By the end of April, there were 56.2 thousand men receiving the maternity allowance on account of paternity leave. The amount of payments exceeds PLN 101 million.

Supplementary parental benefit also for fathers

The “Mother 4+” programme is a supplementary parental benefit granted to persons who gave birth, raised or only raised at least four children. The benefit is to provide the necessary means of subsistence for those who resigned from employment to raise children or worked too shortly and did not acquire the right to a minimum pension. In special cases, i.e. in the event of the mother’s death or abandonment of her children or long-term cessation of their raising by the mother – it is also granted to the father.

Large Family Card available to all parents

The Large Family Card is a system of statutory and commercial discounts, i.e. offered by public institutions and private entities. At the beginning of 2019, the group of people having the right to the Large Family Card was extended to include all parents who have ever had at least three dependent children in total, regardless of their age today.

As from 9 June 2021, KDR is available in the mObywatel app, i.e. in the so-called digital wallet for documents and services. The electronic form of KDR is free, and the app allows parents to visualise the cards of other family members. In addition to confirming the rights to discounts for large families, the app allows, inter alia, to safely download and show our details, confirm the acquired driving rights, show and check the data of our car. The app allows parents and parents’ spouses to display the Cards of other family members.