On April 26, 2023, an extensive amendment to the Labor Code entered into force. In addition to modifying the existing regulations, it introduced completely new rights for employees, largely related to their parental or caring functions. As part of the changes in this area, parental leaves were extended, employees were granted carer’s leave, new exemptions from work and other entitlements were provided.

In the legal status in force until April 25, 2023, the length of parental leave (for biological parents) was:

• 32 weeks – in the case of giving birth to one child at one birth,
• 34 weeks – if more than one child is born at one birth.

Parental leave in the given dimensions was entitled to both parents of the child jointly. They could use it simultaneously, but the total length of parental leave could not exceed its full length.

The latest amendment to the Labor Code, which entered into force on April 26, 2023, introduced major modifications to the provisions on parental leave. In particular, it extended the length of leave. Currently, in accordance with Art. 1821a Kp it is (for biological parents):

• 41 weeks – in the case of giving birth to one child at one birth,
• 43 weeks – if more than one child is born at one birth.

Employees – parents of a child with a certificate referred to in Art. 4 sec. 3 of the Act on Supporting Pregnant Women and Families „For Life” (Journal of Laws of 2020, item 1329, as amended), they have the right to parental leave to take care of this child up to:

• 65 weeks – in the case of giving birth to one child at one birth,
• 67 weeks – if more than one child is born at one birth.

Each of the child’s parents has the exclusive right to 9 weeks of parental leave. If a parent does not use their exclusive part of the leave, it cannot be transferred to the other parent and will be forfeited. In practice, the additional 9 weeks of parental leave, by which this leave was extended from 26 April this year, are dedicated to the child’s father.

From April 26, 2023, art. 178 § 2 of the Labor Code Before the indicated date, this provision stipulated that an employee caring for a child under the age of 4 may not be employed overtime, at night, in the working time system referred to in Art. 139 of the Labor Code (intermittent working time system), and delegate outside the permanent place of work. From April 26. the age of the child was extended to 8 years. In accordance with the current legal status, the employer may not employ an employee who takes care of a child under the age of 8 without their consent to employ overtime, at night, in the intermittent working time system and delegate outside the permanent place of work.

It should be noted that the provisions of the labor law do not directly introduce the obligation for the employer to obtain the employee’s statement on the use or non-use of individual rights related to parenthood, provided for, inter alia, in the in art. 178 § 2 of the Labor Code However, the need for the employee to submit such a declaration can be deduced from § 6 point 1 lit. d) Regulation of the Minister of Family, Labor and Social Policy on employee documentation (Journal of Laws of 2018, item 2369, as amended). It provides for the obligation to store the said statement in the relevant part of the employee documentation related to recording working time.

From April 26, 2023, the provisions on carer’s leave as a new entitlement for employees due to their caring functions came into force. According to Art. 1731 of the Labor Code, an employee is entitled to said leave in order to provide personal care or support to a person who is a family member or living in the same household who requires care or support for serious medical reasons. A family member includes a son, daughter, mother, father or spouse.

The duration of the carer’s leave is 5 days in a calendar year (regardless of the employee’s full-time job). The leave is granted at the employee’s request, submitted (in paper or electronic form) no later than one day before the planned start of the leave. In the application for leave, the employee should indicate:

the name of the person who requires care or support for serious medical reasons,

the reason for the need for personal care or support by the employee,

in the case of a family member – the degree of relationship with the employee or in the case of a person who is not a family member – the address of residence of that person.

An employee taking this leave is subject to appropriate provisions (in the wording applicable from 26 April this year) e.g. article 177 of the Labor Code providing for special protection of employment for a pregnant employee and an employee on maternity leave (parental, paternity) and specifying the conditions for revoking this protection. Carer’s leave is granted on days which are working days for the employee, in accordance with the applicable working time schedule. The period of this leave is included in the period of employment on which employee rights depend.

Employees – parents of a child under the age of 8 have been granted the right to apply for flexible work arrangements. This type of work organization is defined in Art. 1881 of the Labor Code (in force from April 26 this year), according to which the forms of the aforementioned work organization are remote work, working time systems: intermittent, so-called weekend and shortened working week, flexible and individual working time schedule and reduction of working time.

An employee who would like to take advantage of flexible work organization must submit an application in paper or electronic form. The application indicates:

• name and surname and date of birth of the child,
• the reason for the need to use flexible work organization,
• start and end dates for using flexible work arrangements,
• the type of flexible working arrangements that the employee plans to use.

The employer is obliged to inform the employee in paper or electronic form about the acceptance of the application or the reason for refusal to accept it, within 7 days of receiving the application. If a different date for flexible work organization is possible, the employee should also be informed.

An employee using flexible work organization may at any time submit an application (in paper or electronic form) to return to the previous work organization – if it is justified by a change in circumstances that is the basis for the employee to use the said work organization. The employer, after examining the application, informs the employee in paper or electronic form about the acceptance or the reason for refusal to accept the application (or about the possible date of return to work), within 7 days from the date of receipt of the application.

It should be emphasized that the employee’s submission of an application for flexible work organization cannot be a reason justifying termination of the employment contract or its termination without notice by the employer. Nor can it be a reason justifying preparations for termination or termination of the employment relationship without notice.

In the context of the introduction of flexible work organization, it should be noted that employees caring for a child under the age of 8 are another group of employees who have been granted the right to submit an application for remote work on privileged terms.

From April 26, 2023, the employee has the right to 2 days or 16 hours off work due to force majeure in urgent family matters caused by illness or accident, if the employee’s immediate presence is necessary (Article 1481 of the Labor Code).

This request is binding on the employer if, in my opinion, it has been made in accordance with Article 1481 of the Code of Labor Code, it regulates the rules for granting the said exemption, stipulating, inter alia, that the method of using the said exemption in a given calendar year is decided by the employee in the first application for such exemption submitted in a given calendar year. If it is to be granted on an hourly basis, in the case of a part-time employee, it is determined in proportion to the employee’s full-time working hours. An incomplete hour off is rounded up to a full hour. The application for the exemption in question should be submitted no later than on the day of its use.

Legal basis: Act of June 26, 1974 – Labor Code (Journal of Laws of 2022, item 1510, as amended)

Source: Gazeta Podatkowa No. 46 (2025) of 2023-06-07; author: Agata Barczewska

Source:https://www.pit.pl/aktualnosci/nowosci-w-upraweniach-dla-pracownikow-rodzicow-lub-opiekunow-1008442

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