An employee who has been employed for at least 6 months has the right to extended parental leave to take personal care of a child, however not later than until the end of a calendar year in which the child reaches the age of 6. A six-month period of employment includes previous periods of employment. The length of extended parental leave is 36 months.
If a child requires personal care of an employee, on account of their health condition – confirmed by a disability certificate or disability degree certificate – an employee who has been employed for a period specified hereinabove, irrespective of whether he/she has already taken extended parental leave provided for in the abovementioned provision, he/she may take additional extended parental leave for a period of 36 months, however not longer than up to the moment the child reaches the age of 18.
Each parent or guardian of a child has the exclusive right to one-month extended parental leave out of the overall and additional 36-month leave periods (in the event a child is disabled). The right cannot be transferred to the other parent or guardian of a child. Therefore, one of the parents (guardians) may take a maximum of 35 months of leave and the other parent (guardian) may take one month of leave.
A parent has the right to extended parental leave of up to 36 months only if:
- the other parent is dead,
- the other parent does not have parental responsibility,
- the other parent was deprived of parental responsibility or this responsibility was limited or suspended.
Parents or guardians of a child who meet the conditions for taking extended parental leave may be on this leave at the same time. In such a case, the total length of extended parental leave cannot exceed the period specified hereinabove.
Extended parental leave is granted at the request of an employee. Extended parental leave may by taken in a maximum of 5 portions. The number of leave portions is established on the basis of the number of requests submitted.
During extended parental leave, an employee has the right to take up gainful activity for a current employer or another employer, or other activity, as well as education or training, where it does not exclude the possibility to exercise personal care of a child.
Where it was determined that an employee has permanently ceased personal care of a child, an employer calls for an employee to appear at work within a period specified by him/her, however not later than within 30 days of the date on which he/she learned about it and not earlier than after the lapse of 3 days of the date of receiving such notice.
An employee may discontinue extended parental leave:
- at any time - upon an employer’s consent,
- after prior notification to an employer - at least 30 days before the date on which he/she intends to resume work.