In the near future, on March 19, 2025, an act amending the Labor Code will come into force. It will extend maternity leave for parents of premature babies. Under the new provision (Article 180 § 2 of the Labor Code), an employee, either a mother or father raising a child, will be entitled to use it immediately after the end of maternity leave.
What conditions must be met to use supplementary maternity leave?
The leave will be supplemented on different terms, depending on the week of pregnancy in which the child was born and its birth weight, i.e.:
- in the event of a child being born before the 28th week of pregnancy or with a birth weight of no more than one kilogram – supplementary maternity leave will be granted in the amount of one week for each week of the child’s stay in hospital until the 15th week after birth;
- in the event of the birth of a child after the 28th week of pregnancy and before the 37th week of pregnancy and with a birth weight of more than one kilogram, supplementary maternity leave will be granted in the amount of one week for each week of the child's stay in hospital until the end of the 8th week after birth; and
- in the event of the birth of a child after the 37th week of pregnancy and its stay in hospital, provided that the child's stay in hospital after birth will be at least 2 consecutive days, with the first of these days falling in the period from the 5th to the 28th day after birth - supplementary maternity leave will be granted for the period of one week of the child's stay in hospital in the period from the 5th day to the end of the 8th week after birth.
It is worth emphasizing that the child's hospital stays will be aggregated, and any partial week will be rounded up to a full week.
Application to the employer
The leave will be granted on the basis of an application to the employer, which must be accompanied by a medical certificate containing information on the week of pregnancy in which the child was born, the child's birth weight and the period of its stay in hospital.
Supplementary maternity leave will be granted on a one-time basis , and the employer will be obligated to grant it. The application must be submitted in paper or electronic form by the employee or the employee-father raising the child no later than 21 days before the end of maternity leave.
Extending leave for parents of premature babies is a significant change, as premature babies often require long-term medical care and intensive rehabilitation. This additional time will likely make it easier for parents of premature babies to engage in their care, which will positively impact their child's development.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of February 13, 2025
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