7.08.2023 Labour law

Privileges for working fathers after 26 April 2023

The revised Labour Code implementing the EU Work-Life Balance Directive entered into force on 26 April 2023. The amended labour law provides for many privileges for parents of young children. But are there any changes to the situation of fathers who want to take care of their children?

This amendment to the Labour Code has introduced many pro-family solutions for employees who are parents or carers of young children, such as:

  1. Extension of parental leave
  2. Unpaid care leave (find out more)
  3. Time off due to force majeure (see more)
  4. Additional weeks of parental leave
  5. Maternity allowance for both parents
  6. Making the right to parental leave independent of whether the child’s mother was employed (insured) on the day of childbirth.
  7. Possibility to apply for flexible working conditions (learn more)
  8. Increased protection against dismissal of parents/guardians of young children

What is the parental leave for a father after 26 April 2023?

Parental leave for both parents/guardians was extended from 32 to 41 weeks 41 weeks (single birth) and from 34 to 43 weeks (in the case of multiple birth). This amount takes into account the additional 9 weeks of parental leave granted by the legislator to both parents/guardians. However, they are non-transferable, i.e. one parent cannot transfer those 9 weeks to another. 

Both parents of a child who have the status of an employee can take leave at the same time. It may be taken all at once or in no more than 5 parts. It may be taken no later than by the end of the calendar year in which the child reaches the age of six.

How long is paternity leave?

The father/guardian raising the child is entitled to paternity leave of up to 2 weeks. The employee can use it:

  • until the child is 12 months old, or
  • until the expiry of 12 months from the date on which the decision on the adoption of the child becomes final and no longer than until the child reaches the age of 14.

Paternity leave may be taken all at once or in no more than 2 parts, none of which may be shorter than a week.

Is the father entitled to maternity allowance?

In the case of paternity leave, the employee is entitled to a maternity allowance equal to 100 % of the basis of the allowance. If the father/guardian decides to take an additional 9 weeks of parental leave, then it amounts to 70 % of the basis of the allowance.

Possibility to apply for flexible working conditions

After the entry into force of the amendments to the labour law, the father/guardian of the child under the age of 8 can request flexible working conditions. Thanks to this, it can adapt the organisation of working time to his individual needs related to raising a child. Employees may choose remote work, reduced working week, flexible, intermittent or task-based working time. In addition, parents/guardians will have to agree to: overtime or night work, intermittent working time and business trips.

The new rules allow fathers/guardians to actively participate in raising children and in family life. It also makes it easier to maintain work-life balance.

Labour law – see, how we can help:

Magdalena Wilkoszewska Director of The Labour Law Department, Attorney-At-Law
TGC Corporate Lawyers
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