At a glance
- The Ministry of Labour and Social Policy has proposed to extend maternity leave for parents who have premature babies or infants that require hospitalisation.
- The length of the additional maternity leave will depend on the length of the child's hospitalisation, the week of pregnancy in which the child is born and the child's birth weight.
- This additional leave is optional, but must follow regular maternity leave.
- It is scheduled for the legislation to be adopted in the third quarter of 2024.
Update: 29 January 2025
The amendment will come into force on 19 March 2025.
Amendments to the Labour Code allow for additional maternity leave to be taken after the birth of a child:
- If the child is born before 28 weeks of pregnancy or weighs less than 1kg, parents can receive an additional week of leave for each week that the child remains in hospital, up to 15 weeks after the birth.
- If the child is born between the 28th and 37th week of pregnancy and weighs more than 1kg, parents are entitled to an additional week of leave for each week that the child remains in hospital, up to the eighth week after the birth.
- If the child is born after the 37th week of pregnancy and stays in hospital for at least two days, parents can get an extra week of leave for each week that the child stays in hospital, from the fifth to the eighth week after the birth.
If more than one child is born, the weight of the lightest child and the length of hospitalisation of the child with the longest hospital stay are taken into account when determining the duration of the additional leave. The periods of hospitalisation of the child are added together and incomplete weeks are rounded up to full weeks.
Additional maternity leave is granted upon request, which must be submitted at least 21 days before the end of the basic maternity leave. The request must be accompanied by a hospital certificate and the necessary documents. The request must state the end date of the basic maternity leave.
Update: 10 December 2024
The bill is not expected to come into force until the first quarter of 2025.
Update: 12 November 2024
- On 29 October 2024, the government adopted the bill that provides for extended maternity leave for parents who have premature babies or infants that require hospitalisation. The bill was sent to the Polish parliament for procedure.
- Maternity allowance for the period of complementary maternity leave is to be paid at 100% of the allowance base.
- The law is to enter into force three months after the date of promulgation.
The Ministry of Labour and Social Policy has proposed to extended maternity leave for parents who have premature babies or infants that require hospitalisation. The aim of this extension is to provide parents with compensation in circumstances where they have time spent with their child in the hospital.
Under the proposed legislation, the length of the additional maternity leave will be up to eight weeks or 15 weeks respectively, depending on the length of the child's hospitalisation, the week of pregnancy in which the child is born and the child's birth weight.
This additional leave is optional, and parents can decide whether or not to take advantage of it. If they choose to take the extended leave, it must follow immediately after regular maternity leave.
Employers should be aware that the bill is scheduled for adoption by the Council of Ministers in the third quarter of 2024.
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