Maternity, parental, and paternity leave

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Maternity, parental, and paternity leave

🔹 Introduction

 The Labor Code provides a number of rights related to parenthood. Employees are entitled to maternity, paternity, and parental leave, which serve to protect their rights and ensure care for the child. Each of these leaves has a different purpose, duration, and formal rules.
 

🔸 1. Maternity Leave

👩‍🍼 For whom?

  • Entitled to the mother of the child employed under a contract of employment.

🗓️ Duration of leave:

  • 20 weeks – when giving birth to one child,
  • 31–37 weeks – in the case of multiple births (e.g., 31 weeks for twins, 33 weeks for triplets, etc.).

📌 Mandatory leave:

  • At least 14 weeks must be taken by the mother,
  • The remaining 6 weeks can be transferred to the father (if conditions are met).

📄 Required documents:

  • Shortened excerpt of the child's birth certificate,
  • Application for the use of part of the leave by the father (if applicable).


🔸 2. Paternity Leave 

👨 For whom?

  • Entitled to the father of the child – regardless of the mother's employment situation.

🗓️ Duration:

  • 14 calendar days (not working days),
  • Can be taken once or in two parts of 7 days each.

📅 Deadline:

  • Up to 12 months from the child's birth (or from adoption),
  • After this time, the right to leave expires.

📄 Required documents:

  • Application submitted 7 days before the planned leave,
  • Shortened excerpt of the child's birth certificate.

📌 Paternity leave does not reduce the pool of parental or maternity leave.
 

🔸 3. Parental Leave 

👪 For whom?

  • For both parents – they can take it alternately or simultaneously,
  • After the mother has taken the full maternity leave.

🗓️ Duration:

  • 41 weeks – in the case of giving birth to one child,
  • 43 weeks – in the case of multiple births,
  • Including 9 weeks exclusively for each parent (unused time is forfeited).

📅 When can it be used?

  • Immediately after maternity leave or in parts – until the child turns 6 years old.

💵 Benefit:

  • 100% for the first 6 weeks, then 60%, or
  • 81.5% if an application for the entire leave is submitted in advance.

📄 Required documents:

  • Application for parental leave – at least 21 days in advance,
  • Excerpt of the child's birth certificate,
  • Declaration of the other parent regarding not taking their leave (if applicable).


🔸 4. Common rules – protection, prohibition of termination 

  • During maternity, parental, and paternity leaves, there is a prohibition of termination and cancellation of the employment contract by the employer (Article 177 of the Labor Code),
  • The employee has the right to return to the same or equivalent position,
  • The time of leave counts towards work experience and retirement rights.


🔸 5. Note – amendments from 2023.

 Changes resulting from the implementation of the EU work-life balance directive:

  • Extended parental leave,
  • Introduction of 9 weeks of "non-transferable" leave for each parent,
  • Greater flexibility in taking leaves (e.g., part-time work + part of the leave).


📚 Legal basis: 

  • Labor Code: Articles 180–189¹
  • Act of March 9, 2023 amending the Labor Code (Journal of Laws 2023, item 641)
  • Benefit Act – maternity and parental benefits