What is supplementary maternity leave?
In a situation where a newborn requires hospitalization immediately after birth, parents will be able to take supplementary maternity leave, provided that the appropriate conditions are met, including the week of pregnancy in which the child was born, its birth weight or the length of hospital stay. Depending on the specific criteria, this time can be up to 15 weeks or – in other cases – up to 8 weeks. Importantly, the new leave can be used immediately after the end of the basic maternity leave, and the employer will be obliged to grant the request for it.
Conditions for granting supplementary maternity leave
According to Art. 180 § 2 of the Labour Code, supplementary maternity leave is granted in the amount of one week of additional leave for each week of the child’s stay in hospital, but not longer than up to a certain limit:
- A child born before the end of the 28th week of pregnancy or with a birth weight of not more than 1000 g – the right to an additional week of supplementary maternity leave for each week of hospitalization, until the end of the 15th week after the birth.
- A child born after 28 weeks of gestation and before 37 weeks of gestation, with a birth weight of more than 1000 g – the right to an additional week of supplementary maternity leave for each week of hospitalization, until the end of the 8th week after the birth.
- A baby born after 37 weeks of pregnancy requiring a hospital stay – the right to an additional week of supplementary maternity leave for each week of hospitalization in the period from the 5th day to the end of the 8th week after the birth, provided that the child’s stay in hospital lasts at least 2 consecutive days, and the first of them falls between the 5th and 28th day of the child’s life.
When more than one child is born
In the case of multiple births (two or more children during one birth), the following are taken into account when determining the amount of supplementary leave:
- birth weight of the child with the lowest weight,
- the longest period of hospitalization among all children.
Rules for granting additional leave and documents necessary for the application
Supplementary maternity leave is granted only once, which in practice means that a parent can take it only in one continuous period. In order to receive this additional time to care for the child, it is necessary to submit the application at least 21 days before the planned end of the basic maternity leave. It is worth bearing in mind that if the employee does not decide to take this leave immediately after the basic maternity leave, he or she will not be able to use it at a later date.
The application for supplementary maternity leave should be accompanied by:
- A certificate from the hospital where the child was staying, including: information about the period of the child’s stay in the hospital, the week of pregnancy in which the child was born, the child’s birth weight.
- Documents specified in the Regulation of the Minister of Family and Social Policy of 8 May 2023 (Journal of Laws, item 937) on applications for employees’ rights related to parenthood and documents attached to such applications.
- Information about the end date of maternity leave.
It is worth noting that supplementary maternity leave can be used not only by biological parents. The right to this benefit is also available to employees who have taken a child for upbringing as a foster family (except for a professional foster family) and to persons who have applied to the court for the adoption of a child. However, it is important that hospitalization takes place after the child has been formally admitted for upbringing.
In addition, the new solution can also be used by people who, on the date of entry into force of the Act, are in the process of taking maternity leave (or leave under the conditions of maternity leave), acquired this right before 19 March 2025 and meet all statutory requirements, including those regarding the hospitalization of a child. In such a situation, it will be possible to take supplementary maternity leave from the date of entry into force of the regulations, provided that it takes place immediately after the end of the basic maternity leave.
Standard maternity leave – a reminder
According to Art. 180 § 1 of the Labour Code, basic maternity leave is granted in the following amount:
- 20 weeks – for the birth of one child,
- 31 weeks – at the birth of two children,
- 33 weeks – when giving birth to three children,
- 35 weeks – for the birth of four children,
- 37 weeks – with the birth of five or more children.
Only after the above-mentioned leaves have been used, the parent may apply for supplementary maternity leave if he or she meets the conditions specified in the regulations related to the child’s hospitalization.
Protection against termination and termination
An employee or father-parent raising a child is subject to special protection during the period of maternity leave and its supplementation. This means that from the date of submission of the application for supplementary maternity leave until the end of this leave, the employer may not:
- prepare for termination or termination without notice of employment,
- terminate or terminate the employment relationship (except for situations justifying the termination of the contract due to the employee’s fault, with the consent of the company’s trade union organization).
Importantly, if an employee submits an application for supplementary maternity leave earlier than 21 days before the end of the basic maternity leave, the protection will take effect 21 days before the planned start of supplementary maternity leave.
Maternity allowance and return to work
For the period of supplementary maternity leave, the employee is entitled to a maternity allowance in the amount of 100% of the assessment basis.
After the end of supplementary maternity leave, the employer is obliged to allow the employee to work in the current position, and if this is not possible – in an equivalent position or another, no less advantageous.
Who else is affected by the changes?
The Act amending the Labour Code introduced a number of adjustment changes to other legal acts, m.in. in:
- the Act of 26 January 1982, the Teachers’ Charter (Journal of Law of 2024, item 986);
- the Act of 12 December 1997 on additional annual remuneration for employees of budgetary entities (Journal of Laws of 2023, item 1690),
- the Act of 13 March 2003 on special rules for terminating employment relationships with employees for reasons not attributable to employees (Journal of Laws of 2024, item 61),
- the Act of 9 July 2003 on the Employment of Temporary Workers (Journal of Laws of 2023, item 1110),
- the Act of 20 April 2004 on the Promotion of Employment and Labour Market Institutions (Journal of Laws of 2024, items 475, 742, 858, 863, 1089 and 1572),
- the Act of 25 June 1999 on cash benefits from social insurance in the event of sickness and maternity (Journal of Laws of 2023, item 2780).
Summary
The new rules on supplementary maternity leave provide parents of premature babies and children hospitalized in the first weeks of life with additional support and legal protection. The condition for exercising these rights is a direct transition to supplementary maternity leave after the end of the basic leave and submitting an application at least 21 days before its planned end.
If you need additional information on work organisation, employee rights or HR and payroll processes, please contact LeasingTeam Group – we will be happy to help you adapt your organisation to the new regulations.
Legal basis:
- Act of 6 December 2024 amending the Labour Code and certain other acts (Journal of Laws, item 1871).
- The Act enters into force 3 months after the date of publication, i.e. on 19 March 2025.