Duration of Maternity Leave

 

Maternity leave lasts 20 weeks for the birth of one child in a single delivery (31 weeks for two children, 33 weeks for three children, 35 weeks for four children, and 37 weeks for five or more children). The first day of maternity leave is typically the day of childbirth (e.g., if childbirth occurs on a Friday, the leave ends on the Thursday after 20 calendar weeks).

 

Important Points to Note

 

• A woman can take up to 6 weeks of leave before childbirth, with the remaining leave (at least 14 weeks) to be taken post-childbirth.

• Maternity leave can be relinquished only after the mother has taken at least 14 weeks post-childbirth. The unused portion can be transferred to the father if he submits an appropriate request to the employer. The mother must submit a written request to the employer at least 7 days before returning to work, along with a certificate from the father’s employer confirming the start date of his leave.

• Parents cannot be on maternity leave simultaneously; however, the father can take paternity leave of up to two weeks during this period.

• To receive maternity benefits, appropriate applications must be submitted. Maternity benefits cover maternity and parental leave periods. If an application for 20 weeks of maternity leave is accompanied by an application for 32 weeks of parental leave, the benefit will be 81.5% of the base amount for 52 weeks. Otherwise, maternity benefits are 100% for maternity leave and 70% for parental leave.

 

Formalities

 

Podanie o udzielenie urlopu macierzyńskiego – Maternity Leave Request_PL

 

A copy of the child's birth certificate must be included or sent as soon as it is issued.

Duration

 

Leave on terms of maternity leave is available to adoptive parents and those who have taken a child into foster care. The duration depends on the number of children adopted at once: 20 weeks for one child, 31 weeks for two, 33 weeks for three, 35 weeks for four, and 37 weeks for five or more.

 

Important Points to Note

 

• Prospective adoptive parents and those who have taken a child into foster care are entitled to leave on terms of maternity leave until the child turns 7 years old, or 10 years old if school entry is deferred. The minimum leave duration is 9 weeks.

• After 14 weeks of leave by one parent, the remaining leave can be transferred to the other parent.

• In the case of leave on terms of maternity leave, the first 14 weeks do not have to be taken by the mother. The father can take this leave first.

• Maternity benefits can be applied for from the moment the child is taken into care.

 

Formalities

 

Podanie o udzielenie urlopu na warunkach urlopu macierzyńskiego – Leave on the terms of maternity leave Request_EN

 

To receive maternity benefits for taking a child into care, submit the necessary documents for maternity or parental leave. These include a statement indicating when the child was taken into care and:

 

• A certificate from the guardianship court with the date of the adoption application and the child's birth date.

 

or

 

• A copy of the adoption application with a certificate from the guardianship court including the same information.

For children with deferred school entry, the final decision on the deferment is required.

 

For fostering, the following documents are required:

 

• A document confirming the child's age (e.g., a short-form birth certificate).

• A court decision placing the child in foster care or a civil agreement between the foster family and the county executive.

• A decision on deferred school entry if applicable.

Duration

 

In 2023, the right to parental leave (maternity benefits for the duration of parental leave) was made independent of the mother's employment status at childbirth. This means a working father can take parental leave immediately after childbirth or at a later time, up to the end of the calendar year in which the child turns 6 years old.

The Labor Code grants parents the right to parental leave of up to 41 weeks for one child or 43 weeks for multiple children in a single birth. This leave is shared between both parents.

Each parent is entitled to a non-transferable 9 weeks of parental leave from the total. Thus, each parent has an exclusive right to these 9 weeks, with the remaining leave (23 or 25 weeks) being shared as they see fit.

 

Important Points to Note

 

• Parental leave can be taken until the end of the calendar year in which the child turns 6 (e.g., for a child born on May 15, 2019, the last day for parental leave is December 31, 2025).

• After maternity leave or maternity benefits for the maternity leave period, the father is entitled to up to 32 weeks (for one child) or 34 weeks (for multiple children) of parental leave.

Parental leave is granted to both parents or one, if they so decide, and can be taken all at once or in up to five parts.

 

Formalities

 

Wniosek o udzielenie urlopu rodzicielskiego w pełnym wymiarze – Family Leave Request until 21st day from delivery_PL / Family Leave Request after 21st day from delivery_PL

 

Wniosek o udzielenie części urlopu rodzicielskiego – Partial Family Leave Request_PL

 

The request should be submitted no later than 21 days before the start of the leave or along with the maternity leave request.

Duration

 

An employee who has been employed for at least 6 months (previous employment periods with different employers are included) is entitled to parental leave. This leave can last up to 36 months and can be taken until the end of the calendar year in which the child turns 6 years old. If the child has a disability requiring personal care, confirmed by a disability certificate, the leave can extend up to the child’s 18th birthday.

 

Important Points to Note

 

• Parental leave is available to both parents or guardians. Each has an exclusive right to one month of the leave, which cannot be transferred. Taking at least one month of parental leave counts as using the leave. It can be taken in up to five parts.

• There is no salary or allowance for parental leave.

• The request must be submitted at least 30 days before the planned start date. With the employer’s consent, the leave can be ended at any time.

 

Formalities

 

Podanie o udzielenie urlopu wychowawczego – Parental Leave Request_PL

 

The request should be submitted at least 21 days before the start of the leave.

These details are based on current labor law regulations. For additional information, refer to Section VIII of the Labor Code (Employee rights related to parenthood).

Working parents can take leave due to force majeure events for 2 days or 16 hours per calendar year for urgent family matters caused by illness or accident, if the employee's immediate presence is necessary. This leave is with half pay (calculated as vacation pay).