After the birth of a child, a father is entitled to parental leave, as permitted by applicable regulations. This allows him to care for his wife and child after the birth without interfering with his professional duties.

So what types of leave are available to fathers?

1. 2 days of special leave

Pursuant to the Regulation of the Minister of Labour and Social Policy of 15 May 1996 on the method of justifying absence from work and granting employees leave from work, the employer is obliged to release an employee from work in connection with the occurrence of certain events related to his or her personal life, such as: wedding, birth of a child, death and funeral of immediate family members.

This type of leave from work is two days, regardless of the number of children born at one time, and is fully paid. An application for this leave must be submitted to the employer, along with appropriate documentation of the child's birth. This leave applies only to the father , as the mother is taking the mandatory portion of maternity leave during this time.

2. Paternity leave

As the name suggests, this leave is available only to the father and cannot be transferred to the child's mother. This type of leave lasts two weeks and does not affect whether the father is employed full-time or part-time. The father decides whether to use the entire two weeks at once or split them into two parts. Following changes to the regulations, effective April 26, 2023, paternity leave can be taken any time after the child's birth, but only until the child is 12 months old .

The employee must submit an application for this leave to the employer at least seven calendar days before the start of the leave. A copy of the child's birth certificate must be attached to the application. This leave is fully paid. If the employee fails to meet the deadline, the employer is obligated to grant the leave. Failure to grant the leave may result in a fine ranging from PLN 1,000 to PLN 30,000.

3. Paternity leave

This leave involves using part of the leave the mother of the child is entitled to, i.e., maternity leave (hence its name "paternity"). Its length depends on the number of children born at one time. Thus, paternity leave lasts as follows:

1) 6 weeks – in the event of the birth of one child at one confinement;
2) 17 weeks – in the event of the birth of two children at one confinement;
3) 19 weeks – in the event of the birth of three children at one confinement;
4) 21 weeks – in the event of the birth of four children at one confinement;
5) 23 weeks – in the event of the birth of five or more children at one confinement.

After using at least 14 weeks of maternity leave after giving birth, the mother has the right to waive the remaining portion of her leave and return to work. The father then receives the remaining leave. This leave is paid and is eligible for maternity benefits. An application must be submitted to the employer 14 days before the planned leave, accompanied by a statement from the mother waiving her portion of the leave. Importantly, paternity leave cannot be divided into parts , so the father must use his remaining leave immediately after the mother waives the remaining maternity leave.

All of this concerns the rights Polish legislature has provided for fathers. But what do the raw administrative statistics look like? The main reason why more and more fathers are taking paternity leave is precisely the fact that only fathers are entitled to it. Unfortunately, fathers' decisions about the right to take leave are still viewed unfavorably by employers. Our society still holds a belief that fathers should primarily work and earn money, while mothers are responsible for caring for children. This, of course, is unfortunately also justified by the disparity in earnings between working mothers and fathers. A simple calculation often suggests that the mother should stay with the child longer, as this will be more beneficial for the household budget.

According to the Empowering Children Foundation's report, "Dad 2022. Report from a Survey of Polish Fathers," over a third of surveyed fathers claim they haven't taken paternity leave because they didn't need it. Another common reason for fathers not taking paternity leave is work responsibilities (nearly a quarter of surveyed fathers). An even smaller percentage of fathers take paternity leave. According to data from the Social Insurance Institution (ZUS), only 1% of fathers have taken this type of leave. The primary reason for this is that the mother has used all of her maternity leave or has too many responsibilities at work.

These data show that regulations are regulations, while the awareness of employees – fathers and employers – shows that there is still much to be done in this matter in Poland.

In the next article, we'll look at parental leave, parental leave, and carer's leave. The third is a new option, introduced through the implementation of the "work-life balance" directive and effective April 26, 2023.

This article is for informational purposes only and does not constitute legal advice.

Legal status as of August 3, 2023

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