What is parental leave?
Parental leave is an employee entitlement that allows a parent to take time off work to care for a child, typically after maternity leave or leave on terms equivalent to maternity leave, although it does not have to be taken immediately after such leave. In Poland, parental leave is regulated primarily by the Polish Labour Code, in particular Articles 1821a and following. It is separate from maternity leave, paternity leave and childcare leave, although in practice these entitlements often need to be planned together.
Under Polish law, parental leave may be used by employees who are parents of a child. As a rule, the total duration is up to 41 weeks in the case of one child born at one delivery and up to 43 weeks in the case of multiple births, according to Article 1821a of the Labour Code. In specific cases involving a child with a severe and irreversible disability or an incurable life-threatening disease that arose in the prenatal period or during childbirth and is confirmed by the relevant certificate, the leave may be longer, up to 65 or 67 weeks, also under Article 1821a of the Labour Code.
An important feature of parental leave is that each parent has an individual, non-transferable part of the entitlement. Under Article 1821a of the Labour Code, each employee-parent has 9 weeks of parental leave that cannot be transferred to the other parent. This rule reflects the standards introduced by Directive (EU) 2019/1158 on work-life balance for parents and carers, which requires Member States to provide individual parental leave rights and a non-transferable part of that leave.
What does parental leave involve?
Parental leave may be used continuously or in parts. Under Article 1821c of the Labour Code, it may generally be divided into no more than 5 parts and must be taken not later than by the end of the calendar year in which the child turns 6. In practice, the exact planning of the leave may take into account the family situation, the employer’s organisational needs and the formal deadlines for submitting applications.
During parental leave, the employee does not perform work, unless the leave is combined with part-time work for the same employer. Polish law allows parental leave to be combined with work for the employer granting the leave, up to a maximum of one-half of full-time working hours, under Article 1821e of the Labour Code. In such a case, the leave is extended proportionally, subject to statutory limits. This solution is often used when an employee wants to return gradually to professional duties while retaining the right to care for the child.
Parental leave is also linked to social security and benefit rules. The benefit paid during this period is the maternity allowance, governed by the Act of 25 June 1999 on cash benefits from social insurance in the event of sickness and maternity. As a general rule, the allowance for the period of parental leave is 70% of the benefit assessment basis, while a different calculation may apply where the employee submits a combined application for maternity and parental leave within 21 days after childbirth, in accordance with Article 31 of that Act. The non-transferable 9-week part of parental leave is generally paid at 70% of the assessment basis.
For employers, parental leave requires proper handling of HR documentation, payroll, work organisation and employee protection rules. For employees, the key issues are eligibility, timing, benefit level, division of leave between parents, possible part-time work and protection against unlawful dismissal or unfavourable treatment connected with exercising parental rights.
When is it worth using legal assistance with parental leave?
Legal support may be useful when an employee is unsure how to calculate the available leave, how to divide parental leave between parents, or how to combine leave with part-time work. Assistance may also be needed where the employer refuses to accept an application, questions the timing of leave, applies incorrect benefit assumptions, or treats the employee unfavourably because of parenthood.
Entrepreneurs and HR departments may require advice when preparing internal procedures, responding to parental leave requests, planning substitutions, or managing the return of an employee from leave. This is particularly important where parental leave intersects with fixed-term employment contracts, remote work, restructuring, collective redundancies, management roles or cross-border employment arrangements.
A quick consultation with a lawyer can help avoid procedural errors, employment disputes, liability for breach of employee rights, incorrect payroll settlements or financial losses. Early review of documents is usually less costly than resolving a dispute after an application has been rejected, a termination notice has been served, or a benefit has been calculated incorrectly.
Support from a law firm in matters concerning parental leave may include in particular:
- assessment of the employee’s entitlement to parental leave and related benefits;
- preparation or review of parental leave applications and employer responses;
- advice on dividing parental leave between parents, including the 9-week non-transferable part;
- analysis of combining parental leave with part-time work;
- support in disputes concerning refusal of leave, discrimination or dismissal;
- HR compliance advice for employers, including policies, payroll coordination and documentation;
- legal assistance in cases involving fixed-term contracts, remote work or cross-border employment.
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