In our last post, we presented the types of leave available to parents and briefly described them. In this post, we'll discuss the employee's return to work.

First, it should be noted that, by law, an employer is obligated to allow an employee who has taken maternity leave, leave on maternity leave terms, parental leave, paternity leave, or parental leave to return to work in their current position. Alternatively, if this is not possible, in a position equivalent to the one held before the leave began, under conditions no less favorable than those that would have applied had the employee not taken the leave.

Allowing an employee to work means actually enabling them to perform work for a given employer. It is also important to note that this does not mean allowing them to work solely for the purpose of later termination, but rather ensuring the employee's employment.

It's worth emphasizing that the employee also has responsibilities related to returning to work – primarily reporting to work on the first day after the end of their leave. Occupational health examinations may also be necessary. The employee will then be obligated to complete them.

So what should you do if your contract is terminated immediately after parental leave?

It depends on when we find out about such a decision.

It is not uncommon for an employer to inform the mother or father of a child's planned leave before the end of leave. It should be noted, first and foremost, that such planned termination is illegal – the law prohibits preparing for the termination or termination without notice of an employee's employment or an employee exercising parental rights. Regardless of this, it is worth emphasizing that negotiations are worthwhile in such cases, pointing out the illegality of such a termination. Of course, there are situations that, despite the absolute requirement to hire, allow for the dismissal of such an employee – but these are rare (this applies to the liquidation of a position and the possibility of collective and individual layoffs in certain situations related to the employer. It is also possible to terminate a contract due to the declaration of bankruptcy or liquidation of the employer, and in the event of disciplinary dismissal – in these cases, however, the conditions specified in the law must be met). However, it is worth consulting a lawyer, who, depending on the circumstances, will be able to thoroughly assess your options and negotiating position.

But what options do we have if we receive notice of termination upon arrival at work?

In such a case, we can appeal the dismissal to a labor court. In certain cases, we can seek compensation, reinstatement, or a declaration that the dismissal is invalid.

Regardless of the above, it's also worth highlighting the preventative measures available to prevent these scenarios. Primarily, this involves submitting a request for a reduction in working hours. This can be submitted by an employee entitled to parental leave, 21 days before commencing work on a reduced schedule. In this case, the employer will not be able to give notice or terminate the employment contract during the entire period of the reduction (but not for a total period of 12 months) – except in the event of bankruptcy or liquidation of the employer, or disciplinary notices. This is the main weapon in the fight against anticipated dismissal. However, it requires accepting a reduction in earnings and hours at work.

Of course, it's worth analyzing each case individually – reducing work hours won't always be the only option left. This stems primarily from the fact that, from a functional perspective, the regulations on admittance to work don't apply to situations of admitting and subsequently dismissing an employee, but rather to admitting and securing employment for the employee. It's worth keeping this in mind and consulting a lawyer in each case – there are ways to influence the employer to prevent termination.

Regardless of the above, we invite you to the next entry, which will be devoted to the rights available to the Father – the child's parent.

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

Legal status as of July 21, 2023

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