[Poland] Parental leave and the ‘pro-life’ certificate – the Ministry of Family and Social Policy explains

The Ministry of Family and Social Policy (MRiPS) has clarified doubts about the dimension of the additional parental leave and allowance for mothers of children born with a severe and irreversible handicap or an incurable life-threatening illness. 

The pro-life programme, which has been effective since 1 January 2017, provides support to parents of children with severe disabilities or terminal illnesses. Among other things, it provides a one-off cash benefit of PLN 4,000. Eligible persons can also benefit from an additional parental leave of 24 weeks. Due to the amendment to the Labour Code on 26 April 2023, doubts have arisen regarding the amount of the benefit and the dimension of parental leave for parents supported by the pro-life programme. 

Ministry of the family explains – maternity benefit: 81.5 per cent of the assessment basis 

As indicated by the Ministry of the Family in its reply to the Dziennik Gazeta Prawna, if an application for payment of maternity benefit for the period determined as the period of maternity leave and full parental leave is submitted no later than 21 days after childbirth, maternity benefit is payable in the amount of 81.5 per cent of the benefit assessment basis. 

The MRiPS also confirmed that if an employee/mother of a child with a certificate, pro-life, has applied for maternity benefit for the entire period of maternity and parental leave within 21 days after childbirth, maternity benefit for the period of maternity and parental leave, excluding the nine weeks of parental leave to which the father of the child is entitled, is payable at 81.5 per cent of the basis of assessment. 

Moreover, as we read in the explanations of the Ministry of Family and Social Policy (MRiPS), in the case of giving birth before 26 April 2023 and receiving maternity benefit for the period of parental leave during the period from 2 August 2022 until the entry into force of the Act in the amount of 80 per cent of the assessment basis, the employee, mother of a child with a ‘pro-life’ certificate is entitled to maternity benefit for the additional weeks of parental leave in the amount of 81.5 per cent of the assessment basis. 

Additional parental leave and maternity benefit and the ‘pro-life’ Act – important information 

The explanations of the Ministry of Family and Social Policy, given in response to a question from the Dziennik Gazeta Prawna (DGP), concerned, as we read above, among other things, the 24 weeks of additional parental leave to which parents of children with a certificate of incurable illness or disability issued under the ‘pro-life’ Act are entitled. 

Thus, let us recall that, under the amended Labour Code, a certificate of incurable illness or handicap issued under the ” pro-life” Act allows employees/parents of a child to benefit from extended parental leave in the amount of: 

• up to 65 weeks – in the case of the birth of one child; 
• up to 67 weeks – if two or more children are born. 

The leave is for both parents, with the proviso that each parent has an exclusive right to 9 weeks of parental leave and this right cannot be transferred to the other parent of the child. 

Parents taking parental leave are also entitled to parental benefit. Thus, parents who take extended parental leave as a result of the child’s possession of the aforementioned certificate, if the mother does not apply for maternity and parental leave benefits immediately after the birth, she will receive 100 per cent of the assessment basis during maternity leave, and during extended parental leave both she and the child’s father will receive benefits of 70 per cent of the assessment basis. 

Moreover, the maternity benefit for the period of maternity leave (also leave on maternity leave conditions and paternity leave) is 100 per cent of the assessment basis. In turn, for the period of parental leave, the employee is entitled to an allowance of 70 per cent of the assessment basis. 

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