Protection of pregnant women

An employee’s pregnancy should be determined by a medical certificate. The employer is obliged to give pregnant employees exemptions from work for medical examinations prescribed by a doctor in connection with her pregnancy, if they may not be carried out outside working hours. The employee retains her right to remuneration for her absences from work for that reason.

Pregnant and breastfeeding women must not carry out work which is onerous, hazardous or harmful to health, which may adversely affect their health, pregnancy or breastfeeding.

Pregnant employees unconditionally must not be employed:

• overtime,

• at night.

Pregnant employees must not be, without their consent:

• posted outside their permanent place of work,

• employed in an intermittent working time system.

Protection of work in connection with childcare

An employee caring for a child until the age of 4 may not be employed without their consent:

• overtime,

• at night,

• in a system of intermittent work,

• posted outside the permanent place of work.

If both parents or guardians of a child are employed, only one of them may exercise the aforementioned rights. In such circumstances, the parents or guardians of the child should agree on which of them will benefit from the aforementioned right. They should then submit the appropriate declarations to their employers, i.e. regarding their intention to use this right or not.

In working time systems in which the use of extended daily working time of more than 8 hours is permitted (e.g. up to 12 or 16 or 24 hours), the working time of pregnant employees may not exceed 8 hours. This limitation also applies to employees looking after children up to the age of 4 without their consent. The employee retains the right to remuneration for time not worked as a result of reduction of their working time for that reason.

An employee raising at least one child aged up to 14 is entitled to an exemption from work in the amount of 16 hours or 2 days in the course of a calendar year, while they retain the right to remuneration.

The employee decides on the manner of use of the exemption in a given calendar year in the first application for granting such an exemption submitted in the relevant calendar year.

Dismissal prohibitions

The employer may not give notice of termination or terminate the contract of employment during pregnancy as well as maternity, parental, paternity and childcare leave. This is possible in exceptional cases, specified in the provisions of the labour law (e.g. in the event of declaration of bankruptcy or winding-up of the employer).

In the case of a fixed-term contract of employment or a contract of employment concluded for a probationary period of more than 1 month, which would be terminated after the lapse of the third month of pregnancy, the contract is extended until the date of childbirth. However, such an extension does not apply to a fixed-term contract of employment concluded for the purpose of substituting an employee during their justified absence from work.

Leave associated with childbirth and raising a child

In the event of childbirth, employees are entitled to leave associated with childcare.

The rights associated with childcare may be exercised by the parents if they are employees.

Leave associated with childcare includes:

1. maternity leave or leave granted on terms of a maternity leave (in case of an adoption), in the amount of:

1. 20 weeks – in the case of birth of one child or in the case of adoption of one child,

2. 31 to 37 weeks – in the case of multiple births or in the case of simultaneous adoption of more than one child;

2. parental leave of up to 32 or 34 weeks, granted no later than by the end of the calendar year in which the child reaches the age of 6 years;

3. paternity leave of up to 2 weeks (granted no later than until the child reaches 24 months of age or until 24 months after the date on which the decision of the adoption of the child becomes final and valid, and no later than until the child reaches the age of 7 years. In the case of a child for whom a decision has been taken to postpone the compulsory school attendance, granted no later than until the child reaches the age of 10 years.);

4. childcare leave of up to 36 months, granted for a period no longer than until the end of the calendar year in which the child reaches the age of 6 years; 'additional' childcare leave of up to 36 months may be granted for a child with a disability and it may be used no longer than until the child reaches the age of 18 years.

Maternity leave and leave granted on terms of a maternity leave 

This is compulsory leave, which is due to any employee who has given birth to a child regardless of the type of contract of employment on the basis of which she is employed.

Duration of leave

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.

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

• the remaining portion of the maternity leave will be used by an employee – the father bringing up the child; or

• for a period corresponding to the period left until the end of the maternity leave, the child will be personally cared for by an insured person – the father of the child, who interrupted his gainful activity in order to take care of the child.

In that case, the employee submits a written request to the employer regarding her resignation from the portion of the maternity leave at least 7 days before starting work. The employer is obliged to take account of the employee’s request.

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 taking up work by the mother 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 an employee – the child’s father or an employee – other immediate family member, and in some cases, by the insured person – the child’s father or the insured person – other immediate family member.

The employer admits the employee to work on the previously held position after the end of maternity leave, leave granted on terms of a maternity leave, parental leave and paternity leave. Where this is not possible – it admits them to work on a position equivalent to that occupied before taking the leave or another position corresponding to their professional qualifications, in exchange for remuneration for work which they would receive if they had not taken any leave.

Leave on terms of a maternity leave is granted to employees who:

• adopted a child and applied to the guardianship court to initiate proceedings on the adoption of the child; or

• took a child in to be brought up as a foster family, with the exception of a professional foster family.

Maternity allowance

For the period of maternity leave and leave granted on terms of a maternity leave, maternity allowance of 100% of the allowance basis is payable.

The maternity allowance for the entire duration of both leaves is equal to 80% of the basis where:

• the employee submits, no later than 21 days after giving birth, a written request for full-time parental leave after the maternity leave,

• the employee submits, no later than 21 days after the child is adopted and an application was submitted to the court for initiation of proceedings on the adoption of the child or after the child is taken in to be brought up as a foster family, a written request for full-time parental leave to be granted after the leave granted on terms of a maternity leave.

Parental leave

Parental leave, regardless of which parent of the child uses it, is granted upon a written request for such leave from the employee, submitted to the employer. The application for parental leave is binding on the employer.

Eligibility for parental leave is conditional upon the following:

• earlier use of maternity leave (leave granted on terms of a maternity leave); or

• ending collection of maternity allowance for a period corresponding to the period of maternity leave (leave granted on terms of a maternity leave).

Duration

Parental leave is set at the maximum length of up to 32 weeks upon birth of one child and up to 34 weeks upon birth of more than one child simultaneously.

 Parental leave may be taken:

• in its entirety by one of the employees – parents,

• simultaneously by both employees – parents. In such a case, the periods of use of such leave by the female employee and the employee – father are aggregated and must not exceed 32 weeks per child. In the case of simultaneous birth of more than one child, they may not exceed 34 weeks.

• interchangeably between both parents, who share the 32 weeks between them.

Parental leave may be requested from the employer on the basis of:

• a ‘long request’ for granting full-length parental leave immediately after the maternity leave, which is submitted no later than 21 days after childbirth;

• separate requests for granting all or a part of parental leave, submitted at least 21 days before commencement of the leave or any part thereof.

Use of parental leave

Parental leave may be used on a one-off basis or in no more than in 4 parts, one directly following another one.

Parental leave of up to 16 weeks may be used within a time frame that does not immediately follow the previous part of the leave. The number of parts of parental leave used in this manner (one or two parts) reduces the number of parts in which the childcare leave may be used (from five to four or three parts, respectively).

Parental leave may be used no later than until the end of the calendar year in which the child reaches the age of 6.

As a rule, a part of parental leave may not be shorter than 8 weeks. Exceptionally, the first part may be of 6 weeks long and the last part of leave remaining for use may be less than 8 weeks. The parts of the leave must be a multiple of a week.

Combining parental leave with work

An employee may combine the use of parental leave with the performance of work for the employer granting this leave, with the performance of work being limited to 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 employer is obliged to accept 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 informs the employee in writing about the grounds for refusal.

However, after proportional extension, the maximum duration of the leave may not exceed:

• 64 weeks – in the case of birth of one child or adoption of one child;

• 68 weeks – in the case of birth of two or more children or at the same time or adopting more than one child at the same time.

Maternity allowance

The maternity allowance for the period of parental leave is equal to 100% of the allowance basis for the period of up to:

• 6 weeks of parental leave – in the case of birth of one child and adoption of one child;

• 8 weeks of parental leave – in the case of birth of two or more children and in the case of simultaneous adoption of two or more children;

• 3 weeks of parental leave – in the case of adoption of a child, where the insured person is entitled to maternity allowance for a period corresponding to the period of leave on terms of a maternity leave of the minimum duration of 9 weeks.

The maternity allowance for the period of parental leave after the above periods amounts to 60% of the allowance basis.

The employer admits the employee to work on their previous position after the end of the parental leave. Where this is not possible – it admits them to work on a position equivalent to that occupied before taking the leave or another position corresponding to their professional qualifications, in exchange for remuneration for work which they would receive if they had not taken any leave.

 

Paternity leave

The right to paternity leave is the sole and autonomous right of the father, independent of the rights of the child’s mother. It also applies where the mother is not an employee and may not take a leave relating to the birth of the child.

Duration

An employee – a father raising a child is entitled to paternity leave of up to 2 weeks, but no longer than:

• until the child reaches the age of 24 months; or

• until 24 months have elapsed since the date on which the ruling on the adoption takes effect, no longer, however, than until the child reaches the age of 7. In the case of a child for whom a decision has been taken to postpone the compulsory school attendance, no later than until the child reaches the age of 10 years.

Paternity leave may be used on a one-off basis or in no more than 2 parts, neither of which may be shorter than one week.

Application of provisions on maternity leave

The relevant regulations concerning maternity leave apply respectively to paternity leave.

Maternity allowance

The maternity allowance for the period of paternity leave is equal to 100% of the allowance basis.

Childcare leave

Childcare leave for the purpose of taking care of a child is granted to an employee who has been employed for at least 6 months. Previous periods of work are also included in this employment period.

During the childcare leave, the rights and obligations of the parties are suspended. However, the period of childcare leave, on the date of its completion, counts towards the period of employment on which the employee rights are dependent.

Duration

The duration of childcare leave is a maximum of 36 months.

Apart from the basic duration of childcare leave 'additional' childcare leave may be granted for up to 36 months. That leave is granted where, due to the health condition confirmed by a disability certificate or certificate confirming the degree of disability, the child requires personal care of the employee. It may be granted for no longer than until the child reaches the age of 18 years. This leave is independent of the basic childcare leave.

Within the framework of the 36-month childcare leave, 1 month is allocated exclusively for the other parent, e.g. the mother is on leave for 35 months and the father is on leave for 1 month or vice versa. This right may not be transferred to the other parent or guardian of the child.

Use of childcare leave

Childcare leave is granted in no more than 5 parts. The number of parts of leave is determined on the basis of the number of submitted applications for leave.

Childcare leave is granted for a period no longer than until the end of the calendar year in which the child reaches the age of 6 years. However, in the case of childcare leave for taking care of a child with disabilities – until the child reaches the age of 18.

Combining childcare leave with work

During childcare leave, the employee is entitled to take up gainful employment with the previous or other employer, as well as other activity, education or training, if this does not exclude the possibility of taking personal care of the child.

An employee who is entitled to childcare leave may submit a written request to the employer to reduce their working hours to no less than a half of full-time during the period when they are entitled to use such leave. The employer is required to accept the employee’s request.

Protection of employees using childcare leave

The employer may not terminate the contract of employment from the date on which the employee entitled to childcare leave submits a request for:

• the granting of childcare leave – until the end of that leave;

• reduction of working time – until the date of return to non-reduced working time, but for no longer than a total of 12 months.

Termination of the contract by the employer is permissible only in the event of declaration of insolvency or liquidation of the employer, and if there are reasons justifying termination of the contract of employment without notice for reasons attributable to the employee.

After return from childcare leave, the employer admits the employee to work on the previous position. Where this is not possible, it admits them to work on a position equivalent to that occupied before taking the leave or another position corresponding to their professional qualifications. At the same time, their remuneration may not be lower than the remuneration for work to which the employee is entitled on the date of taking up the post occupied before that leave.

Supervision and monitoring of compliance with the labour law

The National Labour Inspectorate and the social labour inspectorate are entitled to supervise and control compliance with the labour law, in particular the rules and principles of occupational health and safety, as well as the rules on the legality of employment and other paid jobs.

The employee and the person employed on the basis of a civil contract (in the respect of occupational health and safety and minimum hourly wage) may apply to the National Labour Inspectorate for advice or to lodge a complaint against the employer or entrepreneur (other organisational unit).

 

NAME OF THE ENTITY RESPONSIBLE FOR THE CONTENT OF THE INFORMATION

Ministry of Economic Development, Labour and Technology

Department of Labour Low

email: sekretariat.dpr@mrips.gov.pl