Powrót

Maternity, paternity and parental leave

This article is written according to the legal status current as of: 2017-01-05

maternity leave

what is it?

Maternity leave is a guaranteed by the provisions exemption from performing work duties enjoyed by the employees since the birth of a child. It gives a woman opportunity to recuperate after childbirth and prepares her for taking personal care of the child in the first weeks of his life. The right to part of the maternity leave may also be exercised by the child's father.

The right to the leave under the conditions of maternity leave is granted to employees who have taken the child to bring him up.

To the maternity leave is entitled every employee who has given birth to a child. Of no importance is the type of employment contract under which she is employed, the seniority and the working time. The right the maternity leave must be exercised in nature - you cannot waive the right to leave in exchange for a cash equivalent.

How long may the maternity leave last?

The length of the maternity leave depends on the number of babies born at one birth:

  • 20 weeks - one child per a birth,
  • 31 weeks - twins per a birth,
  • 33 weeks – triplets per a birth,
  • 35 weeks – quadruplets per a birth,
  • 37 weeks – quintuplets and more per a birth.

After exercising the right to at least 14 weeks of maternity leave, after giving birth, the employee is allowed to waive the right to the rest of the leave and to return to work, on condition that:

  • the rest of the maternity leave is exercised by the employee – the father taking care of the child;
  • until the end of the maternity leave, the person insured – the father takes care of the child personally, it is also required that he father ceased to work in order to take care of the child.

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. 

The employee, mentioned above, who adopts a child who is up to 7 years old, or – in the case of children with postponed start of compulsory schooling – 10 years old – is entitled to 9 weeks of the leave granted to legal guardins of a child.

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.

The application should be submitted at least 21 days before starting date of the leave.

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

The employee may combine parental leave with working part-time for the employer, who granted the leave. The leave entitlement is extended proportionally to the working time of the job performed during the parental leave. However it cannot be longer than:

  • 64 weeks – in the case of one child delivered at one childbirth,
  • 68 weeks - in the case of two or more children delivered at one childbirth.

Paternity leave

The employee - the father who brings up a child is entitled to take paternity leave that may last 2 weeks.

Paternity leave can be used by the father at any time, also during the time when the mother exercises her maternity leave. However, the father may take advantage of the paternity leave before the child turns 24 months old.

Paternity leave shall be granted upon written request submitted by an eligible employee within a period of not less than 7 days prior to the use of such leave. Fraternity leave is granted one-off or in two parts, not shorter than one week. Paternity leave week is equal to 7 calendar days.

Maternity Allowance

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.

 


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.