Childcare leave – key facts

Childcare leave is not granted to those employed on a contract of mandate, contract for specific work, the unemployed and those insured with the Agricultural Social Insurance Fund (KRUS).

Childcare leave is available on request which must be made to the employer no less than 21 days before the leave start date.  The request for childcare leave is binding on the employer and the employer has no right to refuse it. 

If the employee fails to comply with the above request deadline, the employer will grant childcare leave no later than on the expiry of 21 days after request receipt.

The employee may also break their childcare leave at any time. However, this must be done with the employer's consent or after notification to the employer and no later than 30 days before the intended return to work.

You can take up to 36 months of childcare leave. You can only take it until the end of the calendar year in which your child turns 6. 

You can take it either in one go or in up to five separate blocks. What matters is the number of leave requests made.

The leave is available to each parent / legal guardian and can be shared between 2 people. One parent may take up to 35 months of childcare leave. The situation is different if one parent is deceased or not entitled to childcare. In such cases the other parent is entitled to the full 36 months of childcare leave.

Legal guardians may also take childcare leave at the same time. Then each of them is entitled to 18 months of childcare leave. 

Childcare leave is unpaid. 

An exception is made for families who receive family allowance due to low income. Such persons may apply for a childcare allowance of 400 zloty for the period of childcare leave. 

Childcare leave is covered by social insurance. While on childcare leave, your contributions to pension, disability and health insurance are financed from the state budget.

However, if you decide to take up gainful work or start your own business, the contributions will no longer be paid by the state, and instead will be calculated and paid under your employment contract, contract of mandate or business activity, as the case may be.

Childcare leave counts towards the period of employment used to determine employee entitlements and towards seniority.

Your employer may only terminate your contract if it is declared bankrupt or enters into liquidation, and also if there are reasons justifying termination without notice due to your fault.

Upon your return from childcare leave, your employer must allow you to work in your current position or, if this is not possible, in a position equivalent to the one you held before you started your leave or in another position corresponding to your professional qualifications, for remuneration not lower than that to which you were entitled on the day you started working in the position held before the leave.

Self-employed caregivers may take 3-year childcare leave on similar terms as salaried employees. 

To apply for childcare leave, a self-employed parent should suspend his or her business activity at the end of the maternity leave paid by the Social Insurance Institution (ZUS) to take a childcare leave. Suspension of business activity means that the applicant is covered by pension and disability insurance financed from the state budget.

In the application, you must state that you suspend your business to take personal care of a child and enter the end date of the suspension. At the same time, you can submit an application for resumption of your business activity after the suspension period.

The request must show:

The request must go with a written statement from the other parent / legal guardian that they are not on childcare leave at the same time.

You also need to attach a statement that you have no other insurance entitlements during that period. 

You must request childcare leave no less than 21 days before it starts. 

Do you have questions about childcare leave? You are welcome to contact our experts.