A mother or father who is an employee has the right to child care leave (urlop rodzicielski). Child care leave must be taken no later than the end of the calendar year in which the child turns 6 years old. The amount of leave is granted to both entitled persons jointly and depends on the number of children born at the same time. Employees who are parents of a child have the right to child care leave, as a rule, for 41 or 43 weeks.

Employees who are parents of a child have the right to child care leave up to:

• 41 weeks – in the case of one child being born in one birth;
• 43 weeks – in the case of multiple pregnancies.

If the child has a certificate confirming a disability or illness that arose during the prenatal period of the child’s development or during childbirth, the duration of child care leave is additionally increased by 24 weeks, to 65 weeks and 67 weeks, respectively.

Both employees – the child’s parents – have the right to the specified amount of parental leave, either alternately or simultaneously. The total amount of parental leave may not exceed the total amount of parental leave.

Also, one of the child’s parents may receive maternity benefits for the period corresponding to the period of parental leave, while the other parent may take parental leave.

Each employee who is the child’s parent has the exclusive right to 9 weeks of parental leave from the above entitlement. This right may not be transferred to another employee – the child’s parent. Taking parental leave for at least 9 weeks means that the employee – the child’s parent – uses the non-transferable portion of this leave.

An employee may resign from parental leave at any time with the employer’s consent and return to work.

After the end of parental leave, the employer allows the employee to work in the current position, and if this is not possible, in a position equivalent to the one occupied before the start of the leave, on terms no less favorable than those that would apply if the employee did not take leave.

Parental leave is granted on the basis of an application in paper or electronic form submitted by the employee – the child's parent – no later than 21 days before the start of the leave.

The employee may combine the use of parental leave with work for the employer providing this leave, for an amount not exceeding half of the full working time.

Similar rights are enjoyed by employees who have adopted a child for upbringing, with the exception that parental leave may be granted until the child's 14th birthday.

For the entire period of parental leave, maternity benefits amount to 70% of the benefit calculation base. No later than 21 days after childbirth, the employee may submit an application for the amount of the monthly maternity benefit for periods of maternity and childcare leave to be 81.5% of the benefit calculation base. In each case, the employee – the father of the child – will be entitled to a benefit in the amount of 70% of the benefit calculation base for the period of the non-transferable 9-week part of the leave.

Detailed information on the terms of parental leave – on the state portal and the state business portal.

Useful information on the calculation of maternity benefits and childcare leave in article and article.