Global Compliance – Poland
Poland: Introducing Additional Maternity Leave for Parents of Premature and Hospitalized Newborns
Effective March 19, 2025, an amendment to the Polish Labor Code (“Act”) introduces additional maternity leave for parents of newborns born prematurely or requiring extended hospitalization due to medical conditions. This legislative reform seeks to enhance parental support in managing childcare responsibilities during medically complex situations.
Current Legal Framework
Currently, if a newborn requires hospitalization, an employee who has utilized at least eight weeks of maternity leave post-birth may defer the remaining portion until the child is discharged. However, there are currently no legal provisions allowing for an interruption or extension of maternity leave due to hospitalization. The new amendment addresses this gap by introducing supplementary maternity leave entitlements.
Additional Maternity Leave Entitlements
Effective from March 19, 2025, parents of premature or hospitalized newborns will be entitled to additional maternity leave ranging from 8 to 15 weeks.
Pay – An employee will be entitled to receive maternity allowance of at least 100% at their regular rate of pay.
The duration of supplementary maternity leave is determined based on the gestational age at birth and the length of the child’s hospitalization:
Children Born Before the 28th Week of Pregnancy or Weighing 1000g or Less
- Eligible for up to 15 weeks of additional maternity leave.
- Leave is calculated on a one-to-one basis, with one week granted for each week of hospitalization.
Children Born Between the 28th and 36th Week of Pregnancy Weighing Over 1000g
- Eligible for up to 8 weeks of additional maternity leave.
- Leave duration is also determined by the child’s hospitalization period, following the same one-to-one rule.
Children Born After the 37th Week of Pregnancy Who Require Hospitalization
- After the mother completes the 37th week of pregnancy and delivers in the hospital, if the newborn stays in the hospital for at least 2 consecutive days starting between the 5th and 28th day after delivery, the mother is entitled to one week of additional maternity leave for each week the child remains hospitalized from the 5th day until the 8th week after birth.
Notice Requirement – An employee who avails the additional maternity leave must submit an application to their employer along with a medical certificate. Request for this leave should be submitted no later than 21 days before the end of the maternity leave. This certificate shall contain the following details:
- the week of pregnancy during which the child was born
- the child’s birth weight
- the duration of the child’s hospitalization
Extended Entitlement Beyond Biological Mothers – This additional leave entitlement extends not only to biological mothers but also to fathers, legal guardians, foster parents, and adoptive parents, ensuring broader support for caregivers.
Transitional Provisions- Employees on maternity leave or an equivalent leave at the time the amendment takes effect will be entitled to supplementary maternity leave under the revised Labor Code provisions. To exercise this one-time entitlement, employees must submit a written or electronic request before their current leave period concludes.
Take away- Employers must take proactive steps to comply with the amendment and must review and revise their policies at the earliest in order to align with the upcoming changes to the existing statutory requirements.
