Supplementary Maternity Leave – New Regulations Coming Soon! APPLICATION TEMPLATE!

On March 19, 2025, amendments to the Labor Code introducing the so-called supplementary maternity leave of up to 8 or 15 weeks will come into effect. The length of supplementary maternity leave will depend on the week of pregnancy in which the child was born, the newborn’s birth weight, and the duration of their hospitalization after birth. This leave will apply not only to premature babies but also to full-term newborns requiring hospitalization after birth.

Why Is Supplementary Maternity Leave Being Introduced?

Currently, parents of premature babies have the same parental rights as those of full-term children, meaning they are entitled to statutory maternity, paternity, parental, and unpaid parental leave. In practice, this often means that mothers of premature infants spend a significant portion of their maternity leave in the hospital. Once their leave ends, they are often forced to use vacation leave or sick leave to continue caring for their child.

Under current regulations, maternity leave can only be suspended after the first 8 weeks following childbirth. As a result, parents of premature babies – and even full-term newborns requiring hospitalization after birth – lose this crucial bonding time at home. The new regulations eliminate this gap, ensuring additional time to care for a child requiring hospital treatment after birth.

According to the Ministry of Family, approximately 20,000 children in Poland are born prematurely or require hospitalization after birth each year.

Who Is Eligible for Supplementary Maternity Leave?

Under the newly introduced Article 180² of the Labor Code (pursuant to Article 1, point 2 of the Act of December 6, 2024, Journal of Laws 2024, item 1871), supplementary maternity leave will be granted in cases where a child is born:

• Before the 28th week of pregnancy or with a birth weight of no more than 1,000 g – one week of supplementary maternity leave for each week the child remains hospitalized, up to 15 weeks after birth.
• Between the 28th and 37th week of pregnancy with a birth weight greater than 1,000 g – one week of supplementary maternity leave for each week of hospitalization, up to 8 weeks after birth.
• After the 37th week of pregnancy, if the child requires hospitalization for at least two consecutive days after birth, provided that the first of these days falls between the 5th and 28th day after birth, the leave will be granted for each week of hospitalization within this period, up to 8 weeks after birth.

When determining the duration of supplementary maternity leave, hospitalization periods are added together up to the relevant 8-week or 15-week limit. Any incomplete weeks of hospitalization are rounded up to a full week (one week equals seven calendar days).

IMPORTANT! In cases of multiple births, the length of leave is determined based on the lowest birth weight among the children and the longest hospitalization period.

Reminder! The standard length of maternity leave depends on the number of children born in a single delivery and is as follows: 20 weeks – for one child, 31 weeks – for two children, 33 weeks – for three children, 35 weeks – for four children and 37 weeks – for five or more children. Before the expected due date, an employee may take up to 6 weeks of maternity leave in advance.

Who Else Is Entitled to Supplementary Maternity Leave?

In addition to biological parents, the right to supplementary maternity leave – immediately after statutory maternity leave – will also be available to:

• Employees who have taken a child into foster care (excluding professional foster families),
• Employees who have adopted a child and submitted an adoption application to a family court (provided that the child’s hospitalization occurred after being taken into care).

This entitlement will also apply to non-employees entitled to maternity benefits.

IMPORTANT! Supplementary maternity leave can only be used once. Additionally, parents cannot share this leave – they must decide which of them will take it.

How to Apply for Supplementary Maternity Leave?

To apply for supplementary maternity leave, employees must submit a written or electronic request to their employer at least 21 days before the end of statutory maternity leave. The employer is required to approve the request (they cannot refuse it).

Legislative work is currently underway on a detailed list of documents required when submitting an application. According to § 14 of the draft regulation (document no. 39 from the RCL register), the application should include:

• Employee’s full name,
• The date of completion of statutory maternity leave,
• The period for which supplementary maternity leave is requested.

The following documents must be attached to the application:

• A statement from the employee confirming that the other parent does not intend to take supplementary maternity leave or claim maternity benefits for the corresponding period,
• A certificate issued by the hospital confirming:
  • The pregnancy week in which the child was born or the child’s birth weight,
  • The period of the child’s hospitalization.

Adoptive or foster parents should additionally attach a statement confirming the date the child (children) was taken into care, along with:

• A copy of the adoption application submitted to a family court, including the child’s birth date and court confirmation of the submission date, or
• A certificate from the family court confirming the date of the adoption application submission, or
• A copy of a final court ruling placing the child (children) in a foster family, or
• A copy of the civil law agreement between the foster family and the county executive.

📎 Download 👉 the supplementary maternity leave application template 👈 here.

IMPORTANT! If an application for parental leave is submitted immediately after maternity leave, it may be withdrawn no later than the day before parental leave begins. The withdrawal request must be submitted in writing, and the employer is required to approve it. However, once parental leave has started, its interruption is only possible with the employer’s consent.

Therefore, starting in 2025, it is no longer advisable to apply for parental leave immediately after maternity leave, as has been common practice in many companies. If supplementary maternity leave is needed and the employer does not agree to withdraw the parental leave request, the parent will permanently lose the right to this additional leave.

How Much Is the Maternity Benefit for Supplementary Maternity Leave?

During supplementary maternity leave, employees are entitled to maternity benefits under the benefits act. The benefit amounts to 100% of the calculation base and is paid for each day of leave, including weekends and public holidays (pursuant to Article 31(1) of the amended benefits act). The basis for calculating this benefit is the same as the maternity benefit base used for the statutory maternity leave (pursuant to Article 43 of the benefits act).

Employment Protection During Supplementary Maternity Leave

During supplementary maternity leave, employees are protected from dismissal under the same conditions as statutory maternity leave. Employers cannot:

• Prepare to terminate or dismiss an employee without notice while they are on supplementary maternity leave,
• Terminate an employee on supplementary maternity leave, unless there are grounds for disciplinary dismissal and trade union approval is obtained.

If the employer is undergoing bankruptcy or liquidation, they must obtain the trade union’s consent before terminating such an employment contract.

Employees returning to work after supplementary maternity leave (similarly to those returning from statutory maternity leave, equivalent maternity leave, parental leave, paternity leave, or childcare leave) have the right to return to their previous or an equivalent position. The employer is obligated to reinstate them. If this is not possible, the employer must offer an equivalent position on terms no less favorable than those that would have applied if the employee had not taken the leave.

IMPORTANT! If an application for supplementary maternity leave is submitted more than 21 days before the planned end of statutory maternity leave, the above-mentioned employment protection against dismissal applies for 21 days before the supplementary maternity leave starts.

What Happens If the Child Dies?

In the event of a child’s death during supplementary maternity leave, the parent/guardian retains the right to this leave for 7 days from the date of the child’s passing. If multiple children were born during the delivery, supplementary maternity leave is still granted for the surviving child for the remaining eligible period (pursuant to Article 180¹ § 2 in conjunction with Article 180² § 7 of the Labor Code).

Transitional Provisions – Who Qualifies?

The new regulations will apply to parents/guardians who, on the effective date of the amendment (March 19, 2025), are entitled to or currently on maternity leave or equivalent leave.

Text of the New Regulations

Article 180²

§ 1. A female employee or a male employee raising a child is entitled to supplementary maternity leave immediately after the statutory maternity leave in the event of childbirth:
   1. Before the 28th week of pregnancy or with a birth weight not exceeding 1,000 g – one week of supplementary maternity leave for each week of the child’s hospitalization until the 15th week after birth,
   2. After the 28th week and before the 37th week of pregnancy, with a birth weight greater than 1,000 g – one week of supplementary maternity leave for each week of the child’s hospitalization until the 8th week after birth,
   3. After the 37th week of pregnancy, if the child requires hospitalization for at least two consecutive days after birth, provided that the first of these days falls between the 5th and 28th day after birth – one week of supplementary maternity leave for each week of the child’s hospitalization between the 5th and 8th week after birth.

§ 2. In the case of multiple births, when determining the duration of supplementary maternity leave, the calculation should be based on the lowest birth weight among the children and the longest hospitalization period.

§ 3. When determining the duration of supplementary maternity leave, hospitalization periods are added together up to the relevant 8-week or 15-week limit. Any incomplete weeks of hospitalization are rounded up to a full week.

§ 4. Supplementary maternity leave is granted once and upon request, submitted in paper or electronic form by the female employee or the male employee raising the child at least 21 days before the end of the statutory maternity leave. The employer is required to approve the request.

§ 5. The application must be accompanied by a certificate issued by the hospital where the child was hospitalized, along with documents specified in the regulations issued under Article 186⁸a. The certificate must include:
   1. The pregnancy week in which the child was born or the child’s birth weight,
   2. The duration of the child’s hospitalization.

§ 6. The request for supplementary maternity leave must specify the end date of statutory maternity leave.

§ 7. The provisions of Article 45 § 3, Article 47, Article 57 § 2, Article 163 § 3, Article 165(4), Article 166(4), Article 180(6-17), Article 180¹ § 2, the first sentence of Article 182, and Article 183¹ § 1 shall apply accordingly.

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Author: Honorata Zakrzewska-Krzyś