WORKING MOTHER
How many days of maternity leave the working mother can use before planned date of childbirth?
Not more than 6 weeks.
Can the working mother resign from basic maternity leave and return job?
Generally - no, she can’t, but there are some exceptions to this rule:
Does maternity allowance concern only women employed under an employment contract?
No, the right for this allowance is not only for woman employed under an employment contract, but for all insured women, who give birth to a child during their sickness insurance (for example the woman who performs work under contract of mandate and is subject to mandatory retirement and disability insurances and voluntary sickness insurance).
How many days the basic maternity leave, additional maternity leave and parental leave include?
When does the maternity allowance entitle in the amount of 80%, 100% and 60% and what does this amount determine?
If the employee files an application (not later than 14 days after childbirth) to the employer for granting full time additional maternity leave directly after basic maternity leave and directly after that – full time parental leave, during all that time the amount of maternity allowance will be 80%. If the working mother doesn’t file such application, the amount of allowance will be 100% for the period of basic and additional maternity leave and 60% for the period of parental leave.
Can the working mother resign from additional maternity leave/parental leave although she files an application for granting these full time leaves in the period of 14 days after childbirth?
She can resign from the whole or some part of these leaves if she files written motion at least 14 days before that.
Can the employer reject an application for additional maternity leave or parental leave?
No, all of that applications must be accepted by the employer.
Can the working mother use additional maternity leave/parental leave and perform job for the employer at the same time?
Yes, she can, but it is possible when she will perform not more than the half of full time job. In such situation, additional maternity leave/parental leave is granting for the remaining part of workload.
Can the employer reject the possibility of connecting additional maternity leave/parental leave with performing job to the working mother?
The employer should accept working mother’s application unless it is impossible due to job organization or the kind of performed job. The employer must inform the worker about the reason why he refuses accepting an application in writing.
Can the working mother take a holiday leave in the case of connecting additional maternity leave or parental leave with performing job at the employer granting such leave in the workload not more than the half of full time job?
Yes, she can. The length of this leave won’t be reduced because the employment contract is the same (through the half of that employment the working mother will work and through the next half she will use additional maternity leave/parental leave). What is more in that time she can use also outstanding leave.
What kind of social insurance contributions the employer should pay for the working mother who is on additional maternity leave/parental leave and performs job at the same time?
The worker who connects additional maternity leave, additional leave on terms maternity leave or parental leave with performing job at the employer granting such leave, subjects to mandatory retirement and disability insurances, from both title.
Can additional maternity leave be used in parties?
Additional maternity leave can be granted once or in 2 parties: one directly after the next one, in the length of week or its multiple (for example: mother uses whole 6 weeks or first 4 weeks is for mother and the next one is for father).
Can parental leave be used in parties?
Parental leave can be granted once or in maximum 3 parties: one directly after the next one, from which every part lasts at least 8 weeks and is the multiple of week (for example: whole leave is used by father or 8 weeks is used by mother, the next 8 weeks by father and the next 10 weeks by mother).
Can both parents use parental leave at the same time?
Yes, but the total length of this leave can’t be more than 26 weeks (at the same time both parents can use such leave through maximum 13 weeks: 13 weeks of parental leave by mother and 13 weeks of parental leave by father).
Can both parents use additional maternity leave at the same time?
No, that leave can be only shared between parents.
Can the employer terminate an employment contract of the working mother using maternity leave/parental leave?
No, he can’t. But such termination notice can be delivered by the working mother who uses such leaves, also in that moment when the period of notice falls during such leave.
Does every worker have the right to a child rearing leave and what is the time limit of its granting?
A child rearing leave can be used by worker who is employed at least 6 months. Previous periods of employment are included in these 6 months. This leave is entitled in the length of until 3 years, for the purpose of personal taking care of the child, not longer than that child will be 5 years of age.
Katarzyna Błaszczyk
Not more than 6 weeks.
Can the working mother resign from basic maternity leave and return job?
Generally - no, she can’t, but there are some exceptions to this rule:
- mother, after using at least 14 weeks of basic maternity leave after childbirth, has the right to resign from its remaining part by her written motion, with the restriction that father of that child uses this remaining part by his written motion,
- mother of child, after using 8 weeks of basic maternity leave, breaks off such leave and returns job for the period in which her child is sick and stays in the hospital,
- the working mother returns job after at least 8 weeks of basic maternity leave if she resigns from upbringing and gives that child away to other person for adoption or to the little children’s home.
Does maternity allowance concern only women employed under an employment contract?
No, the right for this allowance is not only for woman employed under an employment contract, but for all insured women, who give birth to a child during their sickness insurance (for example the woman who performs work under contract of mandate and is subject to mandatory retirement and disability insurances and voluntary sickness insurance).
How many days the basic maternity leave, additional maternity leave and parental leave include?
- Basic maternity leave – 20 weeks (1 child at 1 childbirth), 31 weeks (2 children at 1 childbirth), 33 weeks (3 children at 1 childbirth), 35 weeks (4 children at 1 childbirth), 37 weeks (5 and more children at 1 childbirth),
- Additional maternity leave – max 6 weeks (1 child at 1 childbirth), max 8 weeks (more than 1 child at 1 childbirth),
- Parental leave – max 26 weeks (regardless of the number of born children).
When does the maternity allowance entitle in the amount of 80%, 100% and 60% and what does this amount determine?
If the employee files an application (not later than 14 days after childbirth) to the employer for granting full time additional maternity leave directly after basic maternity leave and directly after that – full time parental leave, during all that time the amount of maternity allowance will be 80%. If the working mother doesn’t file such application, the amount of allowance will be 100% for the period of basic and additional maternity leave and 60% for the period of parental leave.
Can the working mother resign from additional maternity leave/parental leave although she files an application for granting these full time leaves in the period of 14 days after childbirth?
She can resign from the whole or some part of these leaves if she files written motion at least 14 days before that.
Can the employer reject an application for additional maternity leave or parental leave?
No, all of that applications must be accepted by the employer.
Can the working mother use additional maternity leave/parental leave and perform job for the employer at the same time?
Yes, she can, but it is possible when she will perform not more than the half of full time job. In such situation, additional maternity leave/parental leave is granting for the remaining part of workload.
Can the employer reject the possibility of connecting additional maternity leave/parental leave with performing job to the working mother?
The employer should accept working mother’s application unless it is impossible due to job organization or the kind of performed job. The employer must inform the worker about the reason why he refuses accepting an application in writing.
Can the working mother take a holiday leave in the case of connecting additional maternity leave or parental leave with performing job at the employer granting such leave in the workload not more than the half of full time job?
Yes, she can. The length of this leave won’t be reduced because the employment contract is the same (through the half of that employment the working mother will work and through the next half she will use additional maternity leave/parental leave). What is more in that time she can use also outstanding leave.
What kind of social insurance contributions the employer should pay for the working mother who is on additional maternity leave/parental leave and performs job at the same time?
The worker who connects additional maternity leave, additional leave on terms maternity leave or parental leave with performing job at the employer granting such leave, subjects to mandatory retirement and disability insurances, from both title.
Can additional maternity leave be used in parties?
Additional maternity leave can be granted once or in 2 parties: one directly after the next one, in the length of week or its multiple (for example: mother uses whole 6 weeks or first 4 weeks is for mother and the next one is for father).
Can parental leave be used in parties?
Parental leave can be granted once or in maximum 3 parties: one directly after the next one, from which every part lasts at least 8 weeks and is the multiple of week (for example: whole leave is used by father or 8 weeks is used by mother, the next 8 weeks by father and the next 10 weeks by mother).
Can both parents use parental leave at the same time?
Yes, but the total length of this leave can’t be more than 26 weeks (at the same time both parents can use such leave through maximum 13 weeks: 13 weeks of parental leave by mother and 13 weeks of parental leave by father).
Can both parents use additional maternity leave at the same time?
No, that leave can be only shared between parents.
Can the employer terminate an employment contract of the working mother using maternity leave/parental leave?
No, he can’t. But such termination notice can be delivered by the working mother who uses such leaves, also in that moment when the period of notice falls during such leave.
Does every worker have the right to a child rearing leave and what is the time limit of its granting?
A child rearing leave can be used by worker who is employed at least 6 months. Previous periods of employment are included in these 6 months. This leave is entitled in the length of until 3 years, for the purpose of personal taking care of the child, not longer than that child will be 5 years of age.
Katarzyna Błaszczyk
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