Poland has released detailed regulations for its 2026 parental leave program, outlining eligibility, duration, and employee protections.
Who is eligible for parental leave?
Parental leave is available exclusively to employees with at least six months of employment history, including previous jobs regardless of gaps. Both parents and other legal guardians in employment relationships can use this leave, which can be divided between them based on family needs.
How long does parental leave last?
The total maximum duration is 36 months per child. One month is reserved exclusively for the other parent and cannot be transferred. If only one parent takes leave, it cannot exceed 35 months, except in special family circumstances where one parent may use the full 36 months. Both parents can take leave simultaneously, but the combined period cannot exceed 36 months. Leave can be used until the child turns 6, or until 18 for children with disabilities.
Parental leave may be divided into up to five separate periods, each requiring a separate application. There are no minimum or maximum durations for individual periods, allowing flexible planning.
Is parental leave paid?
Parental leave is unpaid, and employees do not receive benefits or salaries during this period, unlike maternity, paternity, or parental care leave. However, some financial support is available for those in difficult situations. Employees on leave who meet income criteria for family benefits may receive additional supplements. Single parents may also receive separate allowances. Eligibility for family benefits and related supplements depends on meeting specific income thresholds per family member.
How and when to apply?
Parental leave is granted solely based on a written employee application, submitted at least 21 days before the planned leave start date. Employees also retain the right to withdraw their application no later than 7 days before the leave begins, by submitting a written declaration to their employer.
Protection from dismissal during leave
From the date of the parental leave application until its completion, employees enjoy special employment protection. During this period, employers cannot terminate or terminate the employment contract. Similar protection applies when an employee chooses reduced working hours instead of leave, lasting until return to full-time work but not exceeding 12 months. Dismissal during this period is only possible in exceptional cases such as employer bankruptcy or liquidation, or when immediate termination for employee cause applies.
What should the parental leave application include?
The document submitted to the employer should contain key information relevant to the parental leave request.
Returning from parental leave before completion
Employees on parental leave have the right to return to work before the planned period ends, either at any time with employer consent, or by personally deciding early termination with at least 30 days’ notice before resuming work duties.
Parental leave and employment
The application must include a written declaration from the other parent or guardian, confirming no intention to use leave simultaneously or specifying the period of shared leave use if both plan to care for the child at the same time. Parental leave is unpaid, but employees may engage in additional work as long as it doesn’t conflict with personal childcare. Employees may perform duties for their current employer if the scope allows continued childcare. Employment with another employer is permitted, but working more than half-time may be considered contrary to the leave’s purpose of personal childcare. Work under a specific task contract is also possible, with similar practical criteria applied—working most of the day, for example more than four hours daily, could be evaluated as hindering proper childcare.
Parental leave and kindergarten or nursery
A parent on parental leave has the right to send their child to a nursery or kindergarten as long as it doesn’t undermine the main purpose of the leave, which is personal care and upbringing of the child. If an employer determines that a parent is not actually providing care, they may demand the employee’s return to work. Short daily stays of a few hours in nursery or kindergarten typically do not constitute an obstacle and do not violate the purpose of parental leave, allowing parents to combine childcare with other responsibilities.
Consequences for employers who refuse leave
If an employee meets all legal requirements, the employer cannot refuse parental leave. Such refusal constitutes an offense against employee rights and may result in a fine.
