The length of maternity leave is:
- 20 weeks in the event of giving birth to one child at one birth,
- 31 weeks in the event of giving birth to two children at one birth,
- 33 weeks in the event of giving birth to three children at one birth,
- 35 weeks in the event of giving birth to four children at one birth,
- 37 weeks in the event of giving birth to five or more children at one birth.
Prior to the probable date of birth, a female employee may take not more than 6 weeks of parental leave. She takes the remainder of such leave after giving birth. Where a female employee did not take maternity leave before the probable date of birth, the first date of such leave is the date of birth. The first 14 weeks of maternity leave (from the date of giving birth) are due only to the mother. Having taken such leave, the mother has the right to renounce the remainder of this leave. In such a case, at the written request of an employee - a father raising a child - submitted 14 days before the date of beginning of maternity leave, this employee is granted the remainder of such maternity leave. A female employee submits to her employer a written request on renunciation of the remainder of maternity leave 7 days before resuming work, at the latest. The request must be annexed with a copy of request of an employee - a father - for the granting of the remainder of maternity leave by an employee - a father, which is to begin right after the date of renunciation of the remainder of maternity leave by a female employee.
The length of parental leave is:
- 32 weeks in the event of giving birth to one child at one birth,
- 34 weeks in the event of giving birth to two or more children at one birth,
Right after having taken the entire maternity leave, an employee has the right to parental leave. Parental leave is granted all at once or in a maximum of four portions beginning directly one after another amounting to a multiple of a week, none of which can be shorter than 8 weeks. An exception is the first portion of parental leave, in the event of giving birth to one child at one birth it cannot be shorter than 6 weeks.
Both parents may be on parental leave at the same time. In such a case, the total length of leave cannot exceed the period of 32 or 34 weeks.
Parental leave is granted at the written request of an employee, for not more than 4 portions, submitted within a period of not less than 21 days before the date of beginning of such leave. An employer is obliged to allow an employee’s request. The number of leave portions is established on the basis of the number of requests submitted.
A request for parental leave specifies the date of completion of maternity leave, the period for which such leave is to be granted, and where the request concerns the subsequent portion of parental leave - the date of completion of the previous one, the number of portions taken and the period of leave taken so far.
An employee submitting a request annexes thereto a written declaration of no intention to take parental leave throughout the period specified in the request by the other parent or the period in which the other parent intends to be on this leave during the time covered by the request.
Parental leave of up to 16 weeks may be granted after a break in being on this leave not later than the end of a calendar year in which a child attains the age of 6. The number of weeks of parental leave taken after a break reduces the number of weeks of extended parental leave due.
An employee may combine parental leave with performing work, however the working time cannot exceed half of the full working time. In such a case, the length of parental leave is extended proportionally to the working time of an employee on parental leave. An employee has the right to maternity allowance for that period in the amount reduced proportionally to the working time.
An employee – a father raising a child – is entitled to paternity leave of 2 weeks (length of the leave is not dependent on the number of children born during one birth) until the child reaches the age of 24 months or until the period of 24 months of the date on which the decision on adoption becomes final and non-appealable has lapsed, but not longer than up to the moment the child reaches the age of 7, and if there has been a decision to postpone the child's schooling, not longer than up to the moment the child reaches the age of 10. Leave may be taken all at once or in two portions, where none of them can be shorter that 7 days.
Paternity leave is granted at the written request of an employee submitted within a period of not less than 7 days before the beginning of leave.
Extended parental leave
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.
An employee raising at least one child of up to the age of 14 is entitled to be released from work for 16 hours, or 2 days, in a calendar year, while retaining the right to remuneration. The number of children raised does not affect the length of leave. Child-care leave, which has not been taken, expires at the end of the year. At the beginning of the following year, an employee acquires the right to another leave – until the child attains the age of 14. An employee decides on the manner, in which he/she will benefit from child-care leave in a given year (hours or days), in the first request submitted in a given year.
At the written request of an employee, an employer may grant unpaid leave for a period:
- shorter than one month,
- longer than one month.
The period of unpaid leave is not included in the period of service determining employee entitlements. While granting unpaid leave exceeding the period of 3 months, the parties may allow for the possibility to terminate employee’s leave for important reasons. In agreement with an employee (expressed in writing), an employer may grant the employee unpaid leave for the purpose of performing work for another employer for a period specified in the agreement between those employers.
An employer is obliged to release an employee from work for the period of:
- 2 days - in the event of an employee’s wedding or the birth of his/her child or death and funeral of a spouse or his/her child, father, mother, step father or step mother,
- 1 day - in the event of an employee’s child wedding or death and funeral of his/her sister, brother, mother-in-law, father-in-law, grandmother, grandfather, or other dependent person or person under his/her direct care.
It should be noted that where an incident justifying absence from work took place during any other justified absence of an employee, he/she is not entitled to non-working days. This would be the case when an employee gets married during annual leave. It is important that an employee, who did not benefit from non-working days, is not entitled to any equivalent for that.
Documents which give entitlement to special leave are:
- a copy of birth certificate of a child,
- a copy of marriage certificate,
- a copy of death certificate.
Leave is granted at the request of an employee.
- Employee (non academic staff) shall have the right to an annual leave of 20 or 26 days in a calendar year, depending on the length-of-service (seniority).
- Employee who begins their work for the first time in a given calendar year shall obtain the leave entitlement with every month of work, where they acquire the right to 1/12 of the leave entitlement for a year, and the right to a second and any further leave is received upon the beginning of the following calendar year.
- Employee shall have the right to an annual leave proportionately to the duration of their employment in the following events:
- they begin their employment during a calendar year,
- their employment relationship ceased before the end of a calendar year,
- they resume work after coming back from an unpaid leave or parental leave.
- The part‑time non-academic staff shall have the right to annual leave proportionately to the basis of their employment.
The annual leave shall be granted in accordance with the schedule of leaves for a given calendar year. May granted in parts, however, at least one part of the leave shall last at least 14 consecutive calendar days, provided that the employee is entitled to such duration of the leave. The annual leave shall not include days off work stemming from a five‑day working week.
For more information please read rules and regulations