A Guide to Maternity and Paternity Leave in Poland

Navigating the regulations surrounding parental leave in Poland can be complex, but it’s vital for both employees and employers to understand their rights and responsibilities. This blog offers an overview of maternity and paternity leave in Poland, including details on duration, documentation, and the application process. We will also cover the financial aspects, such as state benefits provided by the Polish government to ensure financial support during this time.

Maternity leave in Poland

Maternity leave in Poland is designed to support the health of both the mother and child, allowing the mother time to recover from childbirth and bond with her newborn. According to Article 29 of the Benefits Act, maternity benefit is granted to an insured person who, during the insurance period, either gave birth to a child, took in a child up to the age of 14 for upbringing and applied to the guardianship court for its adoption, or took in a child up to the age of 7 for upbringing within a foster family (excluding professional foster families).

In cases where a decision was made to postpone compulsory schooling, this benefit applies to children up to the age of 10. This ensures comprehensive support for various family situations, allowing flexibility for different parenting circumstances.

Length of maternity leave

Polish law mandates a standard maternity leave of 20 weeks for the birth of one child, divided into:

• Prenatal leave (6 weeks before birth): Mothers may begin their maternity leave up to 6 weeks before the expected due date. This period helps mothers prepare for childbirth, reducing work-related stress and ensuring the health of both mother and baby.
• Postnatal leave (14 weeks after birth): The remaining 14 weeks are allocated after childbirth, ensuring adequate time for the mother to recover and bond with her child. This phase is non-negotiable and must be taken by the mother.

In certain cases, the leave can be extended:

• Multiple births: If a mother gives birth to more than one child, the maternity leave increases accordingly. For twins, the leave is 31 weeks; for triplets, it’s 33 weeks; and so on.
• Transfer to the father: After the first 14 weeks, mothers have the option to transfer the remaining 6 weeks of maternity leave to the father, provided they return to work. This flexibility allows families to tailor their parental leave according to their individual needs.

Requesting maternity leave in Poland

The process for requesting maternity leave in Poland involves several important steps:

• Medical certificate: A doctor or midwife must issue a certificate confirming the pregnancy and the expected delivery date. This document is required to officially request maternity leave.
• Notice to employer: The employee must provide written notice to their employer about the start and end dates of their maternity leave, accompanied by the medical certificate. This notice should include the employee’s name and surname and can be sent via email or delivered in person. Ensuring these details are accurately provided is essential for making the necessary arrangements for the leave period.

Should the mother decide to transfer a portion of her leave to the father, the request must be formalized, and both parties need to notify their respective employers. The application should be submitted in paper or electronic form, and it is crucial to meet the deadline, which must be at least 14 days before the father starts taking leave. This process ensures proper coverage of the leave and financial security for both parents.

Salary during maternity leave

During maternity leave, employees are entitled to financial compensation through the social insurance system (ZUS). Maternity allowance for the entire period of maternity leave (ranging from 20 to 37 weeks, depending on the number of children) amounts to 100% of the allowance basis.

According to the provisions of the Labor Code, maternity benefit for the period defined as maternity leave, leave on maternity leave conditions, and paternity leave is also paid at 100% of the benefit assessment base. For the first 26 weeks (covering both maternity and parental leave), mothers typically receive 100% of their average salary. However, for the period established as parental leave under the Labor Code, the maternity benefit is paid at 70% of the benefit assessment base. If mothers decide to take additional parental leave after the initial 20 weeks, they receive 60% of their salary for the remaining period.

In cases where mothers opt for a combined maternity and parental leave up to 52 weeks, they can receive 81,5% of their salary for the entire leave duration. These benefits ensure that mothers can focus on their health and family without worrying about financial instability during their leave.

Paternity leave in Poland

Paternity leave in Poland acknowledges the critical role fathers play during the early days of their child’s life, allowing them to support the mother and bond with their newborn.

Length of paternity leave

Polish law grants fathers up to 14 days (2 weeks) of paternity leave. This leave can be taken within the first 12 months of the child’s birth or adoption and may be used in one continuous period or divided into two separate weeks, depending on the father’s needs and agreement with the employer.

Requesting paternity leave

The process for requesting paternity leave in Poland is relatively straightforward:

• Pre-birth notification: Fathers must submit a written request for paternity leave to their employer at least 7 days in advance. This request should include the expected dates for the leave.
• Post-birth documentation: After the child is born, the father must provide proof of birth, typically a birth certificate, to confirm eligibility for the leave.

These steps ensure that fathers can take their leave while maintaining financial and job security, allowing them to participate fully in early parenting.

Salary during paternity leave

During paternity leave, fathers are entitled to 100% of their regular salary, paid through the social insurance system (ZUS). This financial support enables fathers to take time off without financial concerns, ensuring they can focus on family responsibilities during this important time.

Parental leave in Poland

In addition to maternity and paternity leave, parents in Poland are entitled to parental leave, which allows both parents to share time off following maternity leave. The length of parental leave depends on the number of children born at one time: up to 32 weeks in the case of the birth of one child, and up to 34 weeks if more than one child is born. This leave is designed to support the long-term care and bonding with the child and can be divided between the parents according to their preferences.

Ensuring compliance and support during parental leave in Poland

Understanding the rules and regulations surrounding maternity and paternity leave in Poland is essential for both employees and employers. By familiarizing yourself with the processes and legal requirements, you can ensure a smooth transition during this important time in a family’s life.

Ensuring compliance with Polish labour laws and managing the required documentation helps create a supportive environment for employees during parental leave. As an employer, staying informed and up-to-date with these regulations is key to fostering a positive, family-friendly workplace culture.

If you’re navigating the complexities of maternity or paternity leave in Poland and need expert guidance, we’re here to help. Ensuring a smooth process for both employees and employers is essential for creating a supportive, compliant workplace. Contact us to learn more about how we can assist you in managing parental leave and staying aligned with Polish labour laws.