New rules concerning child care leave (as amended in the Labour Code) have been in force since 1 October 2013. Child care leave continues to last for a maximum of 36 months up until the child is five years old.
If, however, two parents or the carer/guardian of a child are entitled to child care leave, one of them can take up to 35 months leave. This is due to the fact that each parent or carer/guardian of a child has an exclusive and non-transferable right to one month’s leave out of the total child care leave of 36 months.
The employee may now divide the child care leave into a maximum of five blocks (this was previously only four), and the period in which both parents or carers/guardians may jointly take such leave has been extended from three to four months.
An employee, who in a given calendar year, acquires the right to vacation leave, and then spends part of that calendar year on child care leave but returns to work within the same year will now be entitled to the full vacation leave (for the entire year) and not, as previously, to the proportionally reduced amount of the vacation leave for that given year.
Together with this year’s earlier amendment increasing the age of the child by which the child care leave may be taken from four to five, the new regulations may require more flexibility from the employer. However, as the child care leave is unpaid, economic issues are likely to still be the major factor influencing employees’ decision regarding child care leave.
For further information or to discuss any of the issues raised, please contact Jaroslaw Bieronski, on +48 22 608 70 52 or mobile phone: +48 602 105 255 at Soltysinski Kawecki & Szlezak - www.skslegal.pl.
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