Leaves after childbirth

The Polish law distinguishes four kinds of leaves for parents. Foreigners may take them if they are employed in Poland under a contract of employment. The sole exception is the parental leave, available to all persons who pay health insurance contributions and hence also to people employed on the basis of a commission agreement. Below, you will find brief descriptions of the respective kinds of leaves.

Maternity leave

Maternity leave may be up to 20 weeks long and 14 weeks of it are obligatory and may only be used by the mother. After that time, the woman may go back to work provided that the father of the child uses the remaining 6 weeks.

After the 20 weeks, one of the parents is entitled to additional 6 weeks' leave. The additional period may be divided between the mother and the father. The additional maternity leave must be applied for at least two weeks before its beginning.

The maternity leave is paid. During the basic maternal leave, i.e. the first 20 weeks, the parent is paid the full amount of remuneration. Parents who decide from the beginning to use the additional maternity leave or the one-year leave, they receive 80% of the remuneration. If the decision on using the entire leave is made after the first part is completed – the remuneration paid will be reduced to 60%.

Child care leave

It is 26 weeks long. It is available to the mother of the child after she has taken the maternity leave and the additional maternity leave in full.

Women who gave birth to multiple children are entitled to a longer leave.

Parental leave is paid. The parent is entitled to 80% or to 60% of remuneration, depending on when the decision on taking the longer leave was made.

Parental leave

Both the mother and the father of a child are entitled to up to 36 months’ parental leave, provided that they have at least 6 months’ work experience. The leave must be taken before the child’s 5th birthday. Parental leave is also available to parents who provide work under a commission agreement or conduct economic activity and pay health insurance contributions. The leave may be divided into parts and must be shared between the parents. During the parental leave, the employer may not terminate or dissolve the employment contract. After the parental leave, the employer is obliged to reinstate the employee to the previous or equivalent position and may not reduce their remuneration. The parental leave is unpaid.