Parental rights for fathers – implications for the employer

The April 2023 amendments to the Polish Labour Code introduced significant changes for employee-fathers who can exercise their parental entitlements. It is worth taking a look at the key changes related to the formal side of granting parental leave, which are of key importance from the employer’s point of view.

Paternity leave

Paternity leave is granted to an employee-father in order to care for a child. The size of the leave is 2 weeks and is independent of the entitlement of the child’s mother. Importantly, the leave may be divided into two parts, neither of which may be less than 7 days. An application for paternity leave can be submitted on paper or electronically, at least 7 days before the planned start date of the leave.

Can an employer refuse paternity leave?

If the employee meets the conditions for paternity leave and submits a properly completed application with the required notice, the employer has no right to refuse to grant the leave. If the employee submits an application with less than 7 days’ notice, the employer could, admittedly, refuse to grant the application, but caution is advised in this regard. In this respect, it is advisable to make employees aware of the formal requirements in order to avoid potential disputes in the future.

New rules for taking paternity leave

One of the most significant changes in the legislation is the reduction of the period during which a father can take paternity leave. Before the amendment, the leave could be taken:

• until the child was 24 months old, or
• within 24 months from the date the decision on adoption of the child became final, but no longer than until the child turns 14.

After the amendment, this period was reduced to 12 months.

Parental leave

One of the most discussed changes is the extension of parental leave from 32 to 41 weeks. Each parent has an inalienable right to 9 weeks of this leave, which cannot be transferred to the other parent. Failure to take this part of the leave results in its forfeiture, which encourages parents to share parental leave.

Conditions for granting parental leave

Parental leave can be taken in a maximum of 5 parts and must be applied for no later than the end of the calendar year in which the child turns 6 years old. The application for parental leave must be submitted on paper or electronically, at least 21 days in advance.

Form of the application

On a positive note for both parties to the employment relationship, the changes to the form of application will definitely improve the circulation of documents and speed up procedures.

Parental leave and equal treatment

Parental entitlements are a key element in supporting work-life balance. Employers must be aware that these entitlements can only be denied in exceptional circumstances.

In the context of parental entitlements, it is of utmost importance that employers ensure that all employees are treated equally, regardless of gender. Any discrimination based on the exercise of these entitlements, including limiting fathers’ rights to parental leave, may constitute a breach of employment law and lead to legal consequences for the employer.

If you have any questions or concerns regarding parental rights, we encourage you to contact our law firm.

Author:
Maria Aleksiejak, trainee attorney-at-law (PL)