As reported by the local-government service of the Polish Press Agency:

Most of the planned changes result from the need to implement two European directives into Polish law. These are Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ EU L No. 186, p. 105). The deadlines for implementing the provisions of both directives expire on 1 and 2 August this year, respectively.

What changes are to be introduced?

Important for parents

  • The total length of parental leave for both parents is to increase from the current 32 weeks after the birth of one child or 34 weeks after the birth of two or more children to 41 or 43 weeks, respectively.
  • The amount of the maternity benefit is also to change.
  • There is also to be an “independence of the right to parental leave from the child’s mother being employed (insured) on the day of childbirth.” (Under the current law, in order to take parental leave, the mother must be employed somewhere.)

What about leave?

Two new types of leave are to be introduced:

  • first, unpaid carer’s leave of up to 5 days “to provide personal care or support to a relative (son, daughter, mother, father or spouse) or a person living in the same household who requires significant care or significant support for serious medical reasons”;
  • second: “time off work due to force majeure in urgent family matters caused by illness or accident, where the employee’s immediate presence is essential — for 2 days or 16 hours per calendar year, while retaining the right to 50% of remuneration for the period of this leave (calculated as remuneration for annual leave).”

Changes to flexible work arrangements

PAP: “Following the amendment to the Labour Code, it is to become easier for parents of children up to 8 years of age and carers of people requiring ‘significant care or significant support for serious medical reasons’ who live with the employee to use so-called flexible work arrangements.”

The agency adds:

According to the announcement, rejecting an application for flexible work arrangements, including telework, flexible working-time schedules (flexible working hours, individual working hours and interrupted working hours) or part-time work, will require the employer to provide written reasons.

What other changes are there?

With regard to fixed-term contracts, employers will be required to justify the termination of a fixed-term employment contract, consult with the trade union and allow employees to apply for reinstatement — just as in the case of indefinite-term contracts.

There will also be a ban on “taking any steps to prepare for the dismissal of employees during pregnancy and during maternity leave taken by an employee in connection with the birth of a child without submitting an application, as well as from the day an employee submits an application for: part of maternity leave, leave on the terms of maternity leave or part thereof, paternity leave or part thereof, parental leave or part thereof and carer’s leave or part thereof, and for taking such leave, as well as on the grounds of submitting an application for flexible work arrangements until the end of work under the flexible working-time arrangement.”

More details are available on the PAP website. The planned date for introducing the changes is the second quarter of 2022. Whether all of them will come into force remains to be seen. We will return to the subject.

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