What rights do working fathers have (Part 2)?

The father raising the child also has rights that he can share with the mother of his child. This is about:

  • the right to a part of maternity leave or leave under the conditions of maternity leave

The first 14 weeks of maternity leave are only available to the mother. The rest, the unused part of the leave, can be freely shared with the father raising the child.

  • parental leave

After using the maternity leave or maternity allowance for the period corresponding to the period of maternity leave, the employee, the child’s father, has the right to parental leave of up to 32 weeks (in the case of giving birth to one child by the mother at one birth) or 34 weeks (in the case of giving birth to more children at one birth) one birth).

Parental leave is granted to both parents or – if they jointly decide – to one of them. It is granted once or in a maximum of five parts.

  • parental leave

An employee employed for at least 6 months is entitled to parental leave in order to take personal care of a child. Previous periods of employment are included in the six-month period of employment. The length of parental leave is up to 36 months.

The leave is granted for a period not longer than until the end of the calendar year in which the child turns 6 years old. In addition, if, due to the health condition confirmed by a certificate of disability or the degree of disability, the child requires personal care of an employee, an additional parental leave of up to 36 months may be granted, but for a period not longer than until the child reaches the age of 18.

Both parents or guardians of the child are entitled to parental leave in the above-mentioned dimension. Each of the child’s parents or guardians has the exclusive right to one month of parental leave from the amount of leave specified above. This right cannot be transferred to the other parent or guardian of the child. Taking up a childcare leave of at least one month means that the parent or guardian of the child has used the leave

  • the possibility of reducing working hours

An employee entitled to parental leave may submit a written request to the employer to reduce the working time to not less than half of the full-time working time (full-time) in the period in which he could use such leave. The employee should submit such a request 21 days before the commencement of work on a reduced working time basis.

  • ban on employing a father who takes care of a child overtime, at night, the so-called intermittent working time system and posting outside the permanent place of work

The employer may not, without the consent of the father, employ him in overtime, at night, the so-called intermittent working time system and delegate him/her outside the permanent place of work. However, this applies only to fathers who take care of a child until the child is 8 years old. It should be remembered that if both parents (or guardians) of the child are employed, only one of them may exercise these rights.

  • exemption from work for raising a child under the age of 14

Each parent is entitled to two days off work in a given calendar year in connection with bringing up at least one child under the age of 14. Importantly, it is the parents themselves who decide whether they want to use the leave in days (2 days) or hours (16 hours). For the time of such dismissal, the employee retains the right to remuneration.

A ban on all preparations for dismissal of employees, as well as termination and termination of the employment relationship during pregnancy and maternity leave, as well as from the date of the employee’s application for parental leave until the end of this leave and carer’s leave and the use of the such leave and because of the request for flexible working arrangements.

During pregnancy, as well as maternity, parental and paternity leave, the employer may not terminate or terminate the employment contract. This is exceptionally possible in the case of:

  • when there are reasons justifying the termination of the contract without notice due to the fault of the employee and the enterprise trade union organization representing the employee has agreed to terminate the contract,
  • declaration of bankruptcy or liquidation of the employer.

The employer is obliged to allow the employee-father to work after returning from maternity, parental or childcare leave to the current position, and if this is not possible – to the position equivalent to the one held before the start of the leave or to another position corresponding to her professional qualifications, for remuneration not lower than from the remuneration for work due to the employee – father on the day of taking up work in the position held before this leave.

An employee who took a child for upbringing as a foster family, with the exception of a professional foster family, or took a child for upbringing and applied to a guardianship court

requesting the initiation of proceedings for the adoption of a child, may use it

from leave under the conditions of maternity leave and parental leave.

An employee-father who decides to return to work may use flexible forms of working time organization in order to facilitate the reconciliation of professional and private life and apply for a shortened working time.

The possibility of wider use of flexible working arrangements is available to parents who take care of a child up to 8 years old and to guardians, i.e. employees who provide care or support to a relative or a person living with an employee in the same household who require care or support for serious medical reasons.

An employee may submit an application in paper or electronic form for the application of flexible work organization to him within a period of not less than 21 days before the planned start of using flexible work organization.

The employer considers the application, taking into account the needs of the employee, including the date and reason for the need to use flexible work organization, as well as the needs and possibilities of the employer, including the need to ensure the normal course of work, work organization or type of work performed by the employee. The employer shall inform the employee in paper or electronic form about the application or the reason for refusal to accept the application within 7 days from the date of receipt of the application.

An employee-father will be able to take advantage of unpaid care leave – 5 days in a calendar year – in order to provide personal care or support to a person who is a relative (son, daughter, mother, father or spouse) or stays in a common household who requires care or support for serious medical reasons, without retaining the right to remuneration for this leave.

A working dad will be able to take time off work due to force majeure – for 2 days or 16 hours in a calendar year – in urgent family matters caused by illness or accident, if the employee’s immediate presence is necessary, while retaining the right to half remuneration (calculated as holiday pay).

Source: Ministry of Labor and Social Policy

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

Region Gdański NSZZ „Solidarność”

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

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