Polish paternity leave in 2026 remains unchanged at 14 calendar days, with fathers eligible regardless of tenure and protected from dismissal during leave.
Understanding Paternity Leave
Paternity leave is a key employee benefit available to fathers following the birth or adoption of a child. In 2026, its rules remain unchanged, allowing fathers to actively participate in childcare from the earliest months without fear of income loss or position.
2026 Paternity Leave Regulations
Paternity leave is independent of maternal leave and can be used regardless of whether the mother takes maternity or parental leave. In 2026, the following rules apply:
The benefit is available to any employee-father meeting legal requirements, regardless of length of service with their employer.
Paternity Leave Duration in 2026
The maximum duration of paternity leave is 2 weeks (14 calendar days). Fathers can choose to take the entire leave at once or split it into two periods. Regulations allow a maximum of two leave periods, each lasting at least one week (7 days). This division allows flexibility to coordinate with family needs, such as immediately after childbirth and several months later.
Applying for Paternity Leave in 2026
To initiate paternity leave, an employee must submit a formal request to their employer. The application deadline requires submission at least 7 days before the planned start date. Meeting this condition obligates the employer to grant the leave.
Returning to Work After Paternity Leave
After completing paternity leave, employees have guaranteed rights to return to their previous positions. If organizational constraints prevent this, employers must offer equivalent positions on terms no less favorable than if the employee had not taken leave. This maintains the previous salary level and job responsibilities corresponding to the earlier professional position.
Protection During Paternity Leave 2026
From the moment an employee submits a paternity leave application until the end of the leave period, special protection applies to their employment relationship. Regulations significantly limit employers’ ability to dismiss employees during this time. This means employers cannot issue termination notices or terminate employment contracts during the protected period.
However, there are specific exceptions. Dismissal during protected periods is only permitted if grounds exist for termination without notice due to employee fault (disciplinary dismissal). Importantly, mere existence of such grounds is insufficient – approval from the employee’s representative union organization is also required. Protection begins seven days before the planned leave start, provided the application was submitted during that period.
Special circumstances also allow contract termination with notice despite a paternity leave application. This applies when the employer declares bankruptcy or liquidation. In such cases, the employment termination date must be agreed with the workplace’s union organization.
Notably, the burden of proof in all described situations rests with the employer. They must demonstrate both the existence of grounds for disciplinary termination and the fact of declaring bankruptcy or liquidation of the enterprise.
