Maternity Leave – Basic Postnatal Leave: Every employed mother is entitled to maternity leave, the duration of which depends on the number of children born during a single childbirth. The basic entitlement is 20 weeks for one child, 31 weeks for twins, 33 weeks for triplets, 35 weeks for quadruplets, and 37 weeks for five or more children. This leave is mandatory — after giving birth, the mother must take at least 14 weeks of maternity leave. The remaining 6 weeks may (but do not have to) be transferred to the child’s father (an employee who is raising the child), provided that he interrupts his professional work and takes this portion of the leave. Maternity leave may also begin before childbirth — up to 6 weeks prior to the expected due date. In that case, the remaining portion is taken after the birth (for example, if the employee takes 2 weeks before, she will have 18 weeks left afterwards). If no leave is taken beforehand, the entire period starts from the date of birth. During maternity leave, the employee receives a maternity allowance from the Social Insurance Institution (ZUS) equal to 100% of her salary base (usually the average salary). Importantly, the 14 weeks following childbirth are a period of obligatory maternal care — after that time, the mother may return to work if the unused portion of the leave (at least 6 weeks) is taken by the child’s father as leave “under the conditions of maternity leave.” In practice, fathers in Poland rarely take this portion of maternity leave, although it is legally permissible.
Parental Leave – Extended Shared Leave for Parents: Immediately after maternity leave (or, respectively, leave under the conditions of maternity leave if the father has taken over part of it), parents are entitled to parental leave. As of April 26, 2023, parental leave has been extended by an additional 9 weeks — it now amounts to a total of 41 weeks for the birth of one child and 43 weeks in the case of multiple births. For parents raising a child with a disability certificate (under the “For Life” program), the entitlement is even longer — 65 or 67 weeks. Parental leave is a joint right of both parents — they may use it simultaneously (by dividing the time) or alternately. Moreover, 9 weeks of this entitlement are non-transferable between parents, meaning that, for example, the mother may take up to 32 weeks, while 9 weeks are reserved exclusively for the father. If the father does not take them, those 9 weeks are forfeited. This rule is designed to encourage fathers to take part of the parental leave. The leave may be divided into a maximum of five parts. During parental leave, the parent receives a maternity allowance: for the initial 32/34 weeks, it amounts to 70% of the salary base (unless the parent applies in advance for combined payment with maternity leave benefits — then it equals 81.5% for the entire period), and for the additional 9 non-transferable weeks — also 70%. Combined with maternity leave, a parent can thus remain on paid leave for up to 12 months (for one child) or longer in the case of multiple births.
Paternity Leave – For the Child’s Father: Paternity leave is available to an employed father raising a child, for a period of up to 2 weeks (14 calendar days). The father may take this leave until the child reaches 12 months of age or — in the case of adoption — within 12 months from the date the adoption becomes final, but not later than until the child turns 14. This is an independent entitlement of the father (separate from the mother’s maternity leave) — even if the mother is not employed or has not taken any leave, the father is still entitled to 2 weeks of paternity leave. The leave may be taken all at once or divided into two one-week parts (the minimum unit is 7 days). The father must submit a paternity leave request no later than 7 days before the planned start date, and the employer is obliged to grant it. During paternity leave, the father receives a maternity allowance equal to 100% of his salary base (full pay). The 2023 amendment shortened the period during which paternity leave can be taken — previously, it was available until the child turned 24 months; it is now limited to 12 months. The change aims to encourage fathers to take leave earlier and be more actively involved in childcare during the first year of the child’s life.
Flexible Work Arrangements for Parents: An employee who is a parent of a child under the age of 8 has the right to request more flexible work arrangements (such as remote work, flexible working hours, or part-time employment). The employer is required to consider such a request and must provide a written justification if it is refused. Additionally, since 2023, two new types of leave have been introduced: a care leave (5 unpaid days per year to care for a family member) and leave due to force majeure (2 days or 16 hours per year with 50% pay). Both measures are intended to help parents balance work and family life. These rights stem from the implementation of the EU Work-Life Balance Directive.
Employment Protection: Employees taking parental-related leave (maternity, parental, or paternity leave) are under special protection — the employer may not terminate or dissolve their employment contract during this period, except in cases of the company’s bankruptcy or liquidation. Upon returning from leave, the employee has the right to return to their previous position or, if that is not possible, to an equivalent position corresponding to their qualifications, with pay no lower than that received before the leave. Additionally, employees raising young children are entitled to two half-hour breaks for breastfeeding (for full-time employees), which may be combined to shorten the working day by one hour
Summary: In recent years, Polish labour law has undergone significant family-friendly reforms. Parental leave has been extended, and new mechanisms have been introduced to encourage fathers to take part in childcare — including the non-transferable 9-week portion reserved for the second parent. A high level of income protection has been maintained during the first weeks after childbirth (100% allowance), followed by an extended period of partially paid leave, enabling parents to spend their child’s first year together. Paternity leave, though shorter, is an independent and guaranteed right for every father — it is worth using, as it expires after one year. Employers must adapt to these new regulations by establishing procedures for granting extended leaves, planning staff replacements, and considering requests for flexible work arrangements from parents of young children. Overall, this package of rights aims to support working parents — making it easier to balance professional duties with parenthood and to promote a more equal sharing of childcare responsibilities between mothers and fathers.
