Mères qui Travaillent - Poland

Does the Law have provisions on maternity leave? Yes
What is the duration of maternity leave? 26.0 weeks
What percentage of the monthly salary does a worker get during maternity leave? 100  %
Who pays for maternity leave? Government
Does the law require that workers be protected from dismissals during the term of pregnancy and maternity leave? Yes
Does the law provide for the right to return to same position after availing maternity leave? Yes
Does the law require that pregnant and nursing workers must not be engaged in harmful work? Yes
Does the law require that pregnant workers be provided free ante and post natal medical care? Yes
Does the law provide for breastfeeding breaks for nursing mothers? Yes
What is the duration of breastfeeding breaks, as provided by the law? One hour
What is the length of breastfeeding breaks? No provision
Does the law require parental leave for parents? Yes
Does the law provide for paid or unpaid parental leave? Paid
What is the total duration of parental leave? 182 days
What is the wage replacement rate for parental leave? 60 % of normal wage
Who pays for parental leave? Government
Does the law require that parents with minor children or workers with other family responsibilities be provided with flexible time or part time work options? No

To comply with international standards, maternity leave duration should be at least 14 weeks and during maternity leave workers should be paid at least 67% of their wage.


More about maternity leave:

In accordance with the Labour Code, employees are entitled to 20 weeks of maternity leave on the birth of one child at one time, 31 weeks on the birth of twins (two children at one time), 33 weeks on the birth of triplets (three children at one time), 35 weeks on the birth of four children at one time and 37 weeks on the birth of five or more children at one time. Up to a maximum of six weeks maternity leave can be taken before the expected date of delivery.

After availing 14 weeks’ maternity leave, a female employee may transfer the remaining entitlement to a working father caring for a child. Both the female employees and working fathers caring for a child are entitled to receive additional maternity leave. The amount of additional maternity leave is up to six (06) weeks on the birth of one child at one time and up to eight (08) weeks on the birth of two or more children at one time.

 The total maternity leave with additional leave is 26 weeks for single birth, 39 weeks for twin births, 41 weeks for the birth of three children at one time; 43 weeks on the birth of four children at one time and 45 weeks on the birth of five or more children at one time. The first part of the maternity leave (20/31/35/37 weeks) is mandatory, and must be provided to all employees giving birth, whether it is requested or not. The additional maternity leave (6/8 weeks) is provided only if an employee requests it.

Source: §180-182 of the Labour Code 1974

The employee is entitled to a maternity benefit during maternity leave. The amount of benefits is 100% of her average earnings in the last 12 months. The maternity benefit is paid for the period of 20 weeks or 31-37 weeks depending upon the number of children born.

Source: §29-31, 36 & 47 of the Social Insurance Benefits in case of Sickness and Maternity Act 1999

More about parental leave:

From June 2013 onwards, parents can take a new type of childbirth related leave – parental leave. It may be exercised after the exhaustion of the employee’s initial & additional maternity leave and may last up to 26 weeks. Parental leave can be used by any of the parents, or by both of them at the same time, however not longer than for 26 weeks in total. The parental leave (26 weeks) is provided on an employee's written request submitted 14 days prior to the commencement of leave. However, all such requests must be granted.

During parental leave, the parent receives a benefit equal to 60% of the employee’s salary. If the employee makes a request for the full (52/65/67/69/71 weeks) of leave within fourteen days of delivery, she is entitled to 80% of her salary throughout the period. However, if the application is filed later, the employee is entitled to full salary during mandatory maternity leave (20/31/35/37 weeks - depending on the number of children born/adopted) and additional maternity leave (six/eight weeks), and 60% of salary during parental leave. The first fourteen weeks of leave are available only to the mother who has given birth. The remainder of the maternity leave, additional maternity leave and parental leave, can be shared between the parents.

Source: §186 of the Labour Code 1974