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Employee’s rights connected with parenthood

Employee’s rights connected with parenthood

If you are a pregnant employee, the Labour Code guarantees you the following rights:

  • your employer cannot require you to work overtime, send you to work outside the regular workplace or employ you in the interrupted working time system.
  • your employer is obliged to provide you with suitable working conditions during your pregnancy (e.g. working night time or severe working conditions are forbidden). If it is impossible, your employer should suspend you from work on full pay.    

After you give birth to a child you are entitled to maternity leave that may last:

  • 20 weeks – in the case of one child delivered at one childbirth,
  • 31 weeks – in the case of two children delivered at one childbirth,
  • 33 weeks – in the case of three children delivered at one childbirth,
  • 35 weeks – in the case of four children delivered at one childbirth,
  • 37 weeks – in the case of five and more children delivered at one childbirth.

At least six weeks of maternity leave may be taken before the predicted date of childbirth.

An employer cannot terminate the contract of employment during the employee’s pregnancy, as well as during the maternity and parental leave, unless:

  • there are circumstances that justify the termination of the employment contract due to the employee’s fault (in this case the agreement of the establishment’s trade union organization is required),
  • the company declared bankruptcy,
  • the company was put into liquidation.

The above provisions are not applied if you are employed for a probation period not exceeding one month.

If you concluded an employment contract (for a specified period, or for the trial period not exceeding one month), that would  terminate after the third month of the pregnancy, is extended until the date of childbirth.

The above provision is not applied if you are employed for a probation not exceeding one month or if you are a substitute employee.

As long as you breastfeed, you are entitled to two half-hour breaks from work that are fully paid. If you breastfeed more than one child, you are entitled to two breaks, 45 minutes each. At you request, breaks for breastfeeding may be granted jointly. If your work less than four hours a day, you are not entitled to any break. If your working time does not exceed six hours per day, you are entitled to one 30-minutes break for breastfeeding.

If you are an employee who takes care of a child that has not reached the age of four, your employer cannot require you to work overtime, at night, in the interrupted working time system, nor send you to work outside the regular workplace without your consent.

As an employee guarding a child at the age of up to 14 years old, you are entitled to two additional days off work or 16 hours, that are fully paid. The employee decides which option she or he is going to take advantage of in the calendar year of his first application.

You may take maternity leave as a father if the mother resigns form maternity leave after 14 weeks, you may be granted the remaining part of the leave.

Leave granted to legal guardians of a child

An employee who adopts a child is entitled to the leave granted on the same basis as maternity leave, unless it is vocational adoption family not related to the adopted child.

Thus, the amount of such leave is as follows:

  • 20 weeks – in the case of adopting one child at a time,
  • 31 weeks – in the case of adopting two children at a time,
  • 33 weeks – in the case of adopting three children at a time,
  • 35 weeks – in the case of adopting four children at a time,
  • 37 weeks – in the case of adopting five and more children at a time.

However, the period of the leave cannot exceed the time when the child reaches the age of 7 or  – in the case of children with postponed start of compulsory schooling – the age of 10. 

Parental leave

Immediately after finishing the maternity leave or leave granted to legal guardians of a child, you are entitled to the parental leave in the amount of

  • 32 weeks – in the case of one child delivered at one childbirth,
  • 34 weeks - in the case of two or more children delivered at one childbirth,
  • 29 weeks – in the case when the person adopted a child at the the age of up to 7 or  – in the case of children with postponed start of compulsory schooling – of up to the age of 10.

Parental leave is granted:

  • one-off or in up to four parts, one after another
  • in the amount of week’s multiple,
  • not later than to the end of calendar year, when the child is 6 years old.

Both of the parents may be granted parental leave at the same time, however the amount may not exceed the above-mentioned entitlement.

Benefits during maternity leave, leave granted to legal guardians of a child and during parental leave

During the entire period of maternity leave, maternity leave granted to legal guardians of a child you receive benefit in the amount of 100% of the basis of the benefit.

You are entitled to the benefit during the parental leave in the amount of:

  • 100% of the basis of the benefit during the period of:
    • 6 weeks - in the case of one child delivered at one childbirth,
    • 8 weeks – in the case of two or more children delivered at one childbirth.
    • 3 weeks - in the case when the person adopted a child at the the age of up to 7 or  – in the case of children with postponed start of compulsory schooling – of up to the age of 10.  
  • 60% of the basis of the benefit during the remaining period.

Maternity benefit in the amount of 80% of the basis of the benefit is granted monthly to:

  • the insured employee, if she not later that within 21 days after giving birth submits the application for granting parental leave right after the maternity leave;
  • the insured person, who is not employed, if she submits the application for the maternity benefit payment within 21 days after giving birth;
  • the insured employee, who submits the application for the maternity benefit within 21 days after adopting a child;
  • the insured person, who  is not employed, if he submits the application for the maternity benefit within 21 days after adopting a child.

Fraternity leave

As a father bringing up the child you are entitled to fraternity leave in the amount of two weeks.

Fraternity leave may be taken at any time until the child reaches the age of 24 months. It is granted upon a written request made at least 7 days before. The employer is obliged to grant you the fraternity leave.

Fraternity leave is granted one-off or in two parts, not shorter than one week. In the case of fraternity leave a week is equal to seven calendar days.

During the period of fraternity leave you receive benefit according to the same rules and in the same amount as in the case of regular maternity leave.

Remember!

Labour law provides you with protection of women’s work and rights connected with parenthood. It's worth familiarizing yourself with them in order to make sure that your rights are respected.

 


Remember! All the materials posted on the portal www.zielonalinia.gov.pl have been drawn up by the editorial group and are for your information. The editors have put a considerable effort to make the provided information accurate and reliable. However, the information does not constitute a binding interpretation of the law.