Changes to regulations concerning parenthood leave
The Act of 28 May 2013 on amendment of the Labour Code and certain other laws went into effect on 17 June 2013 (except for art. 34 sec. 2-5, which takes effect on 1 January 2014).
The Act introduced, among others, the following changes:
- maximum length of maternity leave, which may be 6 weeks before delivery,
- accelerated entry into force of increased additional maternity leave (and additional leave on conditions of maternity leave). Upon entry of the Act into force, such leave is 6 weeks for a single birth and 8 weeks for a multiple pregnancy – prior to the change such additional maternity leave (or, respectively, an additional leave on conditions of additional maternity leave) was to apply from 2014,
- the possibility of also using additional maternity leave (and, respectively, additional leave on conditions of maternity leave) in two parts, even by an employee-father,
- new institution of parental leave of 26 weeks (regardless of the number of children born) to be used immediately after additional maternity leave on a one-off basis or no more than in three consecutive parts (at least 8 weeks each). Both entitled employees can take parental leave at the same time subject to a combined length of parental leave of up to 26 weeks,
- extended possibility of using child-raising leave before a child reaches the age of five.
According to the Act, the monthly maternity allowance for the period of maternity leave, additional maternity leave, leave on conditions of maternity leave, additional leave on conditions of maternity leave and paternity leave is 100% of the basic allowance, whereas the monthly allowance for the period of parental leave is 60% of the basic allowance. However, if a female-employee files a written request within 14 days after delivery of a child for additional maternity leave immediately following full maternity leave and parental leave directly after such leave, the monthly maternity allowance for the entire period of such leave is 80% of the basic allowance.
Agnieszka Lisiecka, Employment Law practice, Wardyński & Partners