Below you will find information on the different types of leave related to parenting.
Should you have any additional questions, please do not hesitate to contact HRS.
How long is the maternity leave?
Maternity leave lasts 20 weeks in case of the birth of one child in one delivery (two children - 31 weeks, three children - 33 weeks, four children - 35 weeks, five and more children - 37 weeks). The first day of maternity leave is usually the day of childbirth (for example, if the birth, i.e. the beginning of the maternity leave, took place on a Friday, then such leave ends on Thursday after 20 calendar weeks).
Good to know
- A woman may take up to 6 weeks of leave before giving birth, and the remainder of the leave, i.e. at least 14 weeks, after giving birth.
- It is possible to resign from the maternity leave, but only after the mother has used at least 14 weeks of leave after giving birth. The unused part of the leave may be granted to the child's father if he submits an appropriate request to the employer. An employee wishing to resign from maternity leave should submit a written request to the employer no later than 7 days before returning to work. The request should also include a certificate from the employer who employs the child's father confirming the date on which the employee starts the leave.
- Parents may not be on maternity leave at the same time (if the mother resigns from part of the leave and gives it to my father), but the father may take paternity leave during this time for a maximum of two weeks.
- You must submit necessary forms to receive the maternity allowance. Maternity allowance is payable for the period of maternity and parental leave. If you submit, together with the application for 20 weeks' maternity leave, an application for 32 weeks' parental leave, the amount of the allowance will be 81,5% of the calculation basis for 52 weeks. Otherwise, the maternity allowance for maternity leave will be 100% and for the whole parental leave it will be 70%.
It is necessary to attach a copy of the child's birth certificate to the application or send it as soon as the certificate is issued.
Leave on the conditions of maternity leave
How long is it?
Leave on the terms of maternity leave is granted to adoptive parents, as well as to a foster family. The duration depends on the number of children adopted at one time. And so it is: 20 weeks of leave in case of one child, 31 weeks - two children, 33 weeks - three children, 35 weeks - four children, 37 weeks - five and more children.
Good to know
- Future adoptive parents, as well as those who act as a foster family, have the right to leave on the terms of maternity leave, but not longer than until the child turns 7, and in the case of a child with the decision to postpone schooling – until 10. Whenever an employee takes on a child under the age of 7, and in the case of a child whose compulsory schooling has been postponed, up to the age of 10, the employee has the right to leave under the terms of maternity leave for a minimum period of 9 weeks.
- After one of the parents has used up 14 weeks of maternity leave, it is possible to resign from the remainder of the maternity leave. However, this can only be the case if the other parent takes over the remainder of the leave.
- In the case of leave on the terms of maternity leave, taking the first 14 weeks is not the sole responsibility of the mother. Therefore, there are no obstacles for the father adopting a child or taking it up for upbringing as a foster parent to be the first to use such leave.
- You can apply for maternity allowance from the moment of the adoption or taking the child as a foster family.
You can apply for the maternity allowance from the moment you take the child into foster care. In order to receive the maternity allowance, documents for leave on the terms of maternity leave or parental leave must be submitted. The request should be accompanied by a statement with the information when the child was taken on for upbringing; one of the following documents is also required:
- A certificate from the guardianship court, which includes the date of applying to the court for the adoption of the child and the date of birth of the child.
- A copy of the application for the initiation of proceedings on the adoption of a child together with a certificate from the guardianship court, which includes the date of filing to the court in this matter and the date of birth of the child.
In the case of a child with deferred compulsory education, a final decision on the postponement of compulsory education is required.
In order to receive maternity allowance for taking a child as a foster family, the following documents must be submitted:
- A document confirming the child's age (e.g. copy of the child's birth certificate).
- Final and binding decision of the guardianship court on placing the child in a foster family or a civil law contract concluded between the foster family and the starost.
- A decision to postpone compulsory education, when the application concerns a child for whom such a decision was made.
How long is it?
After using the maternity leave, parents are entitled to 41 weeks of parental leave (43 weeks in case of more than one child). Under this limit of 9 weeks, each parent is entitled (they cannot be transferred to the other parent). Parental leave can be used once or maximum in 5 parts.
Good to know
- Parents can use the parental leave until the end of the calendar year in which the child's sixth birthday falls (e.g. in the case of a child born on May 15, 2019, the last day of parental leave must be December 31, 2025 at the latest).
- Both parents may use this leave at the same time, but the period may not exceed the aforementioned 41 weeks in total.
The request for this leave should be submitted no later than 21 days before the start of the leave or immediately with the request for maternity leave.
Unpaid maternity leave
How long is it?
An employee who has been employed for at least 6 months (this also includes previous periods of employment, regardless of the employer) is entitled to an unpaid maternity leave. Its duration is maximum 36 months and it can be used until the end of the calendar year in which the child turns six. If, due to the state of health confirmed by a certificate of disability, a child requires personal care of an employee, a childcare leave of up to 36 months may be granted for a period not longer than until the child reaches the age of 18.
Good to know
- One of the parents may take a maximum of 35 months of this leave. One month is always reserved for the other parent who decides whether or not to use it. Parents may be on unpaid maternity leave at the same time, for a total period not exceeding 35 months.
- The leave may be used in a maximum of five parts.
- There is no entitlement to an allowance or remuneration for the unpaid maternity leave.
- The request to resign from unpaid maternity leave should be submitted no later than 30 days before the planned return. With the consent of the employer, you can also resign from the parental leave at any time.
The request for this leave should be submitted no later than 21 days before the beginning of the leave.
The above information has been prepared on the basis of the current provisions of the Labor Code. In order to complete the information, we encourage you to read Section VIII of the Labor Code (Employee rights related to parenthood).