In today's article, we continue to introduce you to the right to paternity leave, which is no longer directly available after the birth of a child.

1. Parental leave

First of all, it's worth noting that this leave is also available to fathers. However, they must meet several conditions to exercise their right. Legislators have designated this leave exclusively for employees , so according to the Labor Code, the father must be employed under an employment contract, appointed, nominated, or work under a cooperative employment contract. The regulations also stipulate that the employee must have been employed for at least six months, but this period includes previous periods of employment with other employers. This refers to the total period of employment in the employee's career to date.

Parental leave is granted for up to 36 months and can be granted for a period no longer than the end of the calendar year in which the child turns six. Both parents are entitled to this leave jointly, but each parent is entitled to only one month of parental leave from the specified leave period. The father cannot transfer this right to the child's mother. Therefore, the father and mother can jointly use the 36 months of leave they are entitled to, but one parent can use this entitlement for a maximum of 35 months. This leave can be divided and taken in no more than five parts.

The formal requirements that an employee must meet include submitting a request no later than 21 days before the planned start date of the leave. If this requirement is met, the employer is obligated to grant the leave to the employee . An employee may opt out of parental leave at any time, with the employer's consent or after prior notice, no later than 30 days before the planned start date.

Is parental leave paid? Unfortunately, no. No remuneration is due for the entire period of childcare during parental leave. Those with low financial status may be eligible for parental benefits.

2. Parental leave

According to the provisions of the Labor Code after the changes that entered into force on April 26, 2023, employee parents are entitled to parental leave to care for a child for up to:

a) 41 weeks in the case of the birth of one child at one time,
b) 43 weeks in the case of a multiple birth.

In the case of parents who have a certificate referred to in Article 4, paragraph 3 of the Act of 4 November 2016 on support for pregnant women and families "For Life", parental leave is 65 weeks in the case of a single pregnancy and 67 weeks in the case of a multiple pregnancy.

The amount of parental leave that can be taken exclusively by one parent – ​​the child's father or mother – is 32 or 34 weeks. This means that the non-transferable portion of the leave is 9 weeks, to which the child's father or mother has the exclusive right. This is a new change introduced through the implementation of the "work-life balance" directive and has been in effect since April 26, 2023. Granting parental leave to the child's father is no longer dependent on the child's mother's employment at the time of delivery. This allows the father to take parental leave even if the child's mother was unemployed at the time of delivery. This change, along with the additional 9 weeks, aims to strengthen the father's role in raising a child and facilitate the mother's return to the labor market.

Parental leave can be taken all at once or in a maximum of five installments, but no later than the end of the calendar year in which the child turns 6. A request for parental leave must be submitted to the employer at least 21 days before the leave begins, and the employer is obligated to grant the leave to the employee.

Is parental leave paid? Yes, for this leave, the employee-father is entitled to remuneration equal to 70% of the benefit calculation base. Importantly, this leave is also only available to the employee-father employed under an employment contract.

3. Carer's leave

This new leave, introduced through the implementation of the "work-life balance" directive, is effective from April 26, 2023. It is available to employees , meaning, again, only those employed under an employment contract. According to the regulations, this leave can be used for a family member or a person living in the same household. Therefore, a father can use it for his child.

The request must be submitted to the employer no later than one day before the start of the leave. The request must include the name and surname of the person requiring care or support for serious medical reasons, the reason for the need for personal care or support from the employee, and, in the case of a family member, the degree of relationship to the employee, or in the case of a non-family member, the address of that person's residence. If the employee complies with this deadline and provides all the information required by law, there is no basis for the employer to refuse the employee leave on the day the employee expresses their desire to exercise this right.

For the period of carer's leave, the employee is not entitled to remuneration and is not entitled to any form of benefit.

What are the statistics on fathers' use of their leave entitlements? Poorly. Similarly to the use of paternity leave, the percentage of fathers using parental leave is similar (1% of those eligible). What's the reason? The overwhelming majority of fathers don't use this entitlement, because immediately after maternity leave, mothers decide to use their full parental leave entitlement (nearly 99%). So, will these additional nine weeks, which, from April 26, 2023, are intended exclusively for one parent, help improve the statistics for fathers? We'll have to wait for that analysis. However, with parental leave compensation at 70% of the benefit calculation base, it's hard to imagine this, and yet greater equality in the rights of both parents and fathers' involvement not only improves women's situation in the labor market but also... more children.

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

Legal status as of August 10, 2023

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