Balancing work and family life is extremely important – also for working parents who want to be as present as possible in their children’s lives. This also applies to fathers, who can count on a number of solutions to increase their involvement in family life.

A working father has the right to paternity leave of up to 2 weeks, but not longer than until the child turns 12 months old or 12 months from the date on which the adoption decision becomes final (and not longer than until the child turns 14 ). Paternity leave is granted upon an application in paper or electronic form submitted by the employee-father within a period of not less than 7 days before the start of using the leave.

The transitional provisions of the amendment to the Labor Code indicate that an employee-father raising a child (on the date of entry into force of this Act) has the right to paternity leave under the existing rules – but not longer than until the child reaches 24 months of age.

New fathers are also entitled to two days off work due to the birth of a child. The employer is obliged to release a man who has given birth to a child from work, while retaining the right to remuneration.

The Labor Code defines the situations in which a working father raising a child has the right to use maternity leave when the mother is not in employment, but is covered by social insurance in the event of sickness and maternity, as well as when she is not covered by this insurance or does not have a title to be covered by this insurance.

Part of the maternity leave may be taken over by an employee – a father raising a child or by an employee – another member of the immediate family, in the case of:

• resignation from part of the maternity leave by an employee holding a certificate of incapacity for independent existence, after she has used at least 8 weeks of maternity leave after childbirth (resignation from the maternity allowance for the period corresponding to the period of maternity leave by the insured mother of the child after she has used this allowance for a period of at least 8 weeks after giving birth),
• resignation from part of the maternity leave by an employee who is in a hospital or other medical facility due to her health condition that prevents her from taking personal care of the child, after using at least 8 weeks of maternity leave after childbirth
• death of the employee during maternity leave (death of the insured woman – the child’s mother during the maternity allowance for the period corresponding to the period of maternity leave),
• abandonment of a child by an employee during maternity leave; taking over the remaining part of the maternity leave is possible not earlier than after the female employee has used at least 8 weeks of maternity leave after childbirth (abandonment of the child by the insured mother while receiving the maternity allowance for the period corresponding to the period of maternity leave; taking over the remaining part of the maternity leave is possible not earlier however than after the insured-mother of the child has used the maternity allowance for a period of at least 8 weeks),
• death of the child’s mother not covered by social insurance in the event of illness
• and maternity or without the right to be covered by such insurance, and also in the event of abandonment of the child by such a mother,
• inability to provide personal care for the child by the child’s mother who is not covered by social insurance in the event of sickness and maternity or who is not entitled to such insurance, holding a certificate of incapacity for independent existence.

The occurrence of such circumstances will also entitle the other employee (the so-called adoptive parent) or the employee-other member of the immediate family to take over part of the leave under the conditions of maternity leave or part of parental leave.

Part of the maternity leave may be used by an employee – the father raising a child in the case of:

• resignation by the employee from part of the maternity leave after having used at least 14 weeks of such leave after childbirth (resignation by the insured – the child’s mother from collecting the maternity allowance for the period corresponding to the period of maternity leave, after she has used this allowance for a period of at least 14 weeks after childbirth) ,
• the child’s mother, who does not have the right to be covered by social insurance in the event of sickness and maternity, takes up employment not less than half of the full-time working time.

Similar rights are vested in employees who have adopted a child for upbringing, with the proviso that:

• as a foster family, with the exception of a professional foster family, have the right to leave on the terms of maternity leave no longer than until the child turns 7 years old, and in the case of a child whose schooling obligation has been postponed – no longer than until the child turns 10 . age;
• and applied to the guardianship court for the initiation of proceedings for the adoption of a child, have the right to leave under the conditions of maternity leave, but not longer than until the child turns 14.

For the period of maternity leave (leave on the terms of maternity leave), a maternity allowance is payable in the amount of 100 percent. basic maternity allowance.

This year, the right to parental leave (maternity allowance for the period corresponding to the period of parental leave) was made independent of the child’s mother being employed on the day of childbirth (sickness and maternity insurance).

This means that a working dad will be able to start using the leave (maternity allowance for the period of this leave) either immediately after the birth of the child or use this leave (maternity allowance for the period of this leave) at a later date – until the end of the calendar year in which the child will be 6 years old.

The Labor Code provides that working parents of a child have the right to parental leave of up to 41 weeks in the case of the birth of one child in one birth or 43 weeks in the case of multiple births. Parental leave in the above-mentioned amount will be entitled to both employees – parents of the child jointly.

Each of the child’s parents will have the exclusive right to 9 weeks of parental leave from the above mentioned period. the length of the leave. This will be a non-transferable part of parental leave, which is due not only to the father, but to each parent of the child. Therefore, from the above-mentioned length of parental leave, the right to non-transferable 9 weeks of this leave is vested in both the employee-mother of the child and the working father of the child, and the remaining length of leave (i.e. 23 or 25) can be divided by the employees-parents of the child at their discretion.

Source: Ministry of Labor and Social Policy

Source:https://www.pit.pl/aktualnosci/what-laws-benefits-working-fathers-1008516

Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.