Additional maternity leave for parents of premature babies in Poland – new regulations from March 2025

Starting from March 19, 2025, new regulations concerning supplementary maternity leave in Poland will come into effect. The amendment to the Polish Labour Code introduces measures to support parents of prematurely born children and newborns requiring hospitalization. The goal of these changes is to enable parents to dedicate more time to childcare and compensate for the period spent in the hospital.

Who can benefit from the additional leave?

The supplementary maternity leave will be available to:

• Mothers, fathers, and legal guardians
• Adoptive parents and foster families

The right to additional leave applies in the following cases:

1. Birth before the 28th week of pregnancy or with a birth weight below 1,000 g – one additional week of leave for each week the child spends in the hospital, up to a maximum of 15 weeks after birth.
2. Birth between the 28th and 37th week of pregnancy (birth weight above 1,000 g) – one additional week of leave for each week of hospitalization, up to a maximum of 8 weeks after birth.
3. Birth after the 37th week of pregnancy with hospitalization lasting at least 2 days between the 5th and 28th day after birth – one additional week of leave for each week of hospital stay, up to a maximum of 8 weeks after birth.

Conditions for granting leave

To apply for the additional leave, an employee in Poland must submit a request to their employer no later than 21 days before the end of the basic maternity leave. The application must include a medical certificate confirming the gestational age at birth, the child’s birth weight, and the duration of hospitalization.

The supplementary maternity leave:

• Is not mandatory – parents must apply for it,
• Is granted only after the basic maternity leave has ended,
• Must be taken in one continuous period,
• Is covered by 100% maternity allowance under Polish regulations.

Employment protection

During the supplementary leave, the employee is protected from dismissal – the employer cannot terminate or dissolve the employment contract. After the leave ends, the parent has the right to return to their previous or an equivalent position.

Exceptions apply in cases of company liquidation or bankruptcy, where termination of employment requires the approval of the workplace trade union organization.

Employer obligations

The new regulations require employers to adjust their HR procedures, including:

• Updating leave request templates,
• Implementing changes in payroll and HR systems,
• Adapting IT systems to process online applications.

To ensure your company in Poland stays compliant with the new regulations and properly adjusts HR procedures, we encourage you to contact us. We offer comprehensive HR and payroll services, assisting employers in adapting to regulatory changes.

Transitional provisions

Parents who are on basic maternity leave or leave equivalent to maternity leave on the date the law comes into effect in Poland will also be eligible for the additional leave. Applications must be submitted no later than the last day of basic maternity leave.

The new regulations address the needs of parents of premature babies and children requiring hospitalization in Poland by providing additional time for care. The length of additional leave depends on the child’s hospital stay, with a maximum duration of 15 weeks. For employers, this entails the necessity of adjusting HR procedures.

Legal basis

• Act of December 6, 2024, amending the Polish Labour Code and certain other acts.

If you have any further questions or require additional information, please contact your business relationship person or use the enquiry form on the HLB Poland website.

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