Parental leave is a parental entitlement that follows maternity leave. It is not a mandatory entitlement; you don’t have to use it. Parental leave is available to parents who are subject to sickness insurance: those employed on the basis of an employment contract or who pay sickness insurance. The right to parental leave is granted not only to the mother but also to the father of the child. Parental leave is also available to adoptive parents of a child. Parental leave can be divided into parts. There cannot be more than 4 parts, and they cannot be shorter than 8 weeks. They must also occur directly one after another. According to the Labor Code, parents can use parental leave no later than until the child’s 6th birthday. In summary – after the birth of one child, 52 weeks can be used: 20 weeks – maternity leave and 32 weeks – parental leave.

After using parental leave, the employee returns to work in the previously held position, or if that is not possible, to a position equivalent to that held before the start of the leave, or to another position corresponding to their professional qualifications, with the remuneration for work that they would receive if they had not taken the leave.

Parental leave – who can use it?

Parental leave can be used:

• by one of the parents (32 weeks),
• alternately by both parents (the period of 32 weeks should be divided between them),

simultaneously by both parents (the periods of using the leave by the mother and father add up and cannot exceed 32 weeks for one child).

Parental leave vs. maternity leave

Often the concepts of parental leave and maternity leave are treated as the same concept, which is a mistake.

What is the difference? Maternity leave lasts 20 weeks for the birth of one child. In the case of the birth of more than one child, the leave period is extended (two children – 31 weeks, three children – 33 weeks, four children – 35 weeks, five or more children in one delivery – 37 weeks).

It is possible to resign from maternity leave, but only after the mother has used at least 14 weeks of leave after delivery. The unused part of the leave can be used by the child’s father if he submits an appropriate application to the employer.

Parental leave can last up to 32 weeks, and in the case of multiple children, 34 weeks (as already mentioned, by summing the weekly dimensions, a woman after giving birth can be on paid leave for 52 weeks).

Parental leave – how much is paid?

For parental leave, you do not receive a salary. However, a maternity allowance is available. The maternity allowance is paid monthly by the Social Insurance Institution (ZUS). Parental leave can be combined with work for your employer, in an amount not exceeding half-time. In this case, the allowance and remuneration for work are paid in proportions corresponding to the ratio of working time to leave.

Maternity allowance for the period established by the Labor Code as a period of parental leave is available at 100% of the allowance assessment basis for a period of up to:

• 6 weeks of parental leave in the case of giving birth to one child in one delivery and in the case of adopting one child,
• 8 weeks of parental leave in the case of giving birth to two or more children in one delivery and in the case of simultaneous adoption of two or more children,
• 3 weeks of parental leave in the case of adopting a child, in a case where the insured has the right to maternity allowance for a period corresponding to the period of leave on the terms of maternity leave in a minimum dimension of 9 weeks.

Maternity allowance for the period of parental leave due after the expiry of the above periods is 60% of the allowance assessment basis. In a situation where a woman submits a written application within a 21 days after delivery for granting her parental leave in full immediately after maternity leave, the maternity allowance will be 80% of the allowance assessment basis throughout the period of maternity and parental leave.

How to use parental leave?

To use parental leave, you must first use maternity leave or end receiving maternity allowance for a period corresponding to the period of maternity leave. It is necessary to submit a written application to the employer for such leave (no later than 21 days before the start of using the leave).

Parental leave for fathers – important changes

This year, changes to the Labor Code will come into effect, extending parental leave. Fathers will be able to enjoy it longer – they will be entitled to an additional 8 weeks to care for the child. The above changes are related to the necessity to implement the so-called EU work-life balance directive by August 2. The purpose of the directive is, among other things, to equalize the opportunities for women and men in the labor market.