This is a mandatory leave entitled to every female employee who has given birth to a child, regardless of the type of employment contract under which she is employed.

The length of maternity leave depends on the number of children born in one delivery and amounts to:

• 20 weeks – in the case of giving birth to one child in one delivery,
• 31 weeks – in the case of giving birth to two children in one delivery,
• 33 weeks – in the case of giving birth to three children in one delivery,
• 35 weeks – in the case of giving birth to four children in one delivery,
• 37 weeks – in the case of giving birth to five or more children in one delivery.

An employee may use no more than 6 weeks of maternity leave before the planned date of delivery, however, it should be noted that this time will be proportionally deducted from the entitled leave. If, however, the employee does not take maternity leave before delivery, the maternity leave begins on the day of delivery. A week of maternity leave corresponds to 7 days counted from the first day of this leave.

After delivery, the mother must use 14 weeks of leave mandatorily. She may resign from the remaining 6 weeks of leave and return to work, provided that the remaining part of maternity leave is used by the employee – father raising the child, or for a period corresponding to the period that remained until the end of maternity leave, personal care for the child will be provided by the insured – child’s father, who interrupted his gainful activity in order to provide this care. In such a case, the employee submits a written request to the employer regarding the resignation from using part of the maternity leave no less than 7 days before returning to work. The employer is obliged to consider the employee’s request.

Maternity leave – how much is paid?

If the employee declares that she wants to use parental leave after maternity leave, she can receive 80 percent of her current salary throughout this time. The second option is 100 percent of salary for 20 weeks and 60 percent during the parental leave that follows.

Maternity leave – does it apply to contract of mandate

If a woman works under a contract other than an employment contract, she can independently and voluntarily join to pay sickness insurance contributions, which, regardless of the duration of the contract, gives the right to take paid maternity leave.

If a woman does not pay sickness insurance contributions, is unemployed or a student, she can count on the so-called kosiniakowe. This is an allowance for young mothers, which is paid for 12 months from the birth of the child in monthly installments of 1000 PLN. It is entitled to all mothers who will not obtain the right to a benefit under maternity leave.

Can you work during maternity leave?

In many cases, taking maternity and parental leave means a large reduction in the home budget, so the legislator leaves the possibility of taking up gainful employment during parental leave. There are no clear guidelines for working during maternity leave. However, it is worth knowing a few rules that give the possibility of gainful work during this time.

A person who is on maternity leave cannot enter into an employment relationship with the employer to whom she submitted the application for this leave. This is possible on parental leave.

During maternity leave, you can enter into an employment contract even on a full-time basis, without the risk of losing the benefit under maternity leave with another employer.

An employee, even immediately after giving birth, can conclude a civil law contract with both her employer and any other entity. This will not affect the amount of the benefit under maternity leave.

During maternity leave, a woman can start running her own business. For many women, this is an excellent solution, because they regulate their working time themselves, which allows combining gainful work with childcare. In this case, there is no risk of loss or reduction of the benefit. The woman must pay mandatory contributions and pay the tax resulting from the activity.

The last solution gives the possibility to suspend or close the business after the end of maternity leave and return to full-time employment. But also to switch exclusively to self-employment or to combine both forms.

Special situations related to granting maternity leave

The Labor Code also regulates special cases such as: the mother or child staying in a hospital or other medical facility, the death of the mother or child, etc. In these cases, it is possible to use part of the maternity leave by the employee – the child’s father or employee – another member of the immediate family, as well as maternity benefit by the insured – father of the child or the insured – another member of the immediate family.

Hospitalization – in a situation where a child is in a hospital and requires hospital care, an employee who has used 8 weeks of maternity leave after delivery, may interrupt the use of maternity leave, and the remaining part of this leave may be used at a later date, after the child leaves the hospital. In the case where the employee is in a hospital or medical facility, she may interrupt the use of maternity leave for the period of stay in the hospital or medical facility, after using 8 weeks of this leave after delivery. The condition for interrupting maternity leave in such a situation is that part of the maternity leave for this period is used by the employee – father raising the child or employee – another member of the immediate family.

Death of a Child – in the event of the death of a child before the end of 8 weeks of life, the employee has the right to maternity leave for a period of 8 weeks after delivery, not less than for a period of 7 days from the day of the child’s death. In the event of the death of a child after 8 weeks of life, the employee retains the right to maternity leave for a period of 7 days from the day of the child’s death.

Death of the Mother – in the event of the death of an employee during maternity leave – the child’s mother during the receipt of maternity benefit for a period corresponding to the period of this leave, the employee – father raising the child or employee – another member of the immediate family, has the right to part of the maternity leave falling after the day of death of the employee or the insured – child’s mother.

In the event of the death of the child’s mother, who was not covered or did not have a title to be covered by social insurance in case of sickness and maternity, the employee – father raising the child or employee – another member of the immediate family has the right to part of the maternity leave falling after the day of the child’s mother’s death until the end of the maternity leave period. The father raising the child or the employee – another member of the immediate family then submits a written request for granting part of the maternity leave. The employer is obliged to consider this request.

Protection of employees using maternity leave

Employees on maternity leave enjoy special protection. During the period of maternity leave, the employer cannot give notice or terminate the employment contract of an employee, unless there are reasons justifying termination of the contract without notice due to her fault and the company trade union organization representing the employee has given consent to termination of the contract (the situation does not apply to an employee during a trial period not exceeding one month).

In the case of an employment contract concluded for a definite period or for a trial period exceeding one month, which would be terminated after the third month of pregnancy, such a contract is extended until the day of delivery. However, this does not apply to an employment contract for a definite period concluded for the purpose of replacing an employee during his justified absence from work. On the other hand, exceptionally, termination by the employer of an employment contract with notice during maternity leave may only occur in the event of declaring bankruptcy or liquidation of the employer. The employer is obliged to agree with the company trade union organization representing the employee on the date of termination of the employment contract. In the event of inability to provide other employment during this period, the employee is entitled to benefits specified in separate regulations (benefit in the amount of maternity benefit). The period of receiving these benefits is included in the period of employment on which employee rights depend.

The employer allows the employee after the end of maternity leave to work in the previous position, and if this is not possible, in a position equivalent to the one held before the start of the leave or in another position corresponding to his professional qualifications, for remuneration for work that he would receive if he had not used the leave.

Legal basis

Act of June 26, 1974 – Labor Code (Journal of Laws of 2020, item 1320, as amended);

Regulation of the Minister of Family, Labor and Social Policy of December 8, 2015 regarding applications regarding employee rights related to parenthood and documents attached to such applications (Journal of Laws of 2015, item 2243);

Act of June 25, 1999 on cash benefits from social insurance in the event of sickness and maternity (Journal of Laws of 2021, item 1133).