Maternity, parental and paternity leave: how long do they last, how do you submit requests and what benefit are you entitled to?

Who this applies to

Female and male employees employed under an employment contract (umowa o pracę) who have become parents. The leaves are entitlements under the Labour Code, and maternity benefit is regulated by the Act of 25.06.1999 on cash benefits from social insurance in the event of sickness and maternity (hereinafter: the Sickness Benefits Act). Benefit is payable for the period defined in the Labour Code as the period of these leaves (Article 29a(1) of the Sickness Benefits Act). The guide does not discuss leave on the terms of maternity leave on adoption, or supplementary maternity leave.

Maternity leave (Article 180 of the Labour Code)

• Length: 20 weeks (1 child), 31 (2), 33 (3), 35 (4), 37 (5 or more children at one birth) (Article 180 § 1 of the Labour Code).
• Before the birth: you can use up to 6 weeks of leave before the expected date of birth. After the birth, the rest of the entitlement is due (Article 180 § 2-3 of the Labour Code). If you do not take leave before the birth, the first day of leave is the day of birth (Article 183(1) § 2 of the Labour Code). A week of leave is 7 calendar days (Article 183(1) § 1 of the Labour Code).
• Giving up leave in favour of the father: after using at least 14 weeks after the birth, you can give up the rest of the leave if the remaining part is used by the employee father, or an insured father interrupts his gainful activity to care for the child. An employee with a certificate of inability to live independently may give it up after as little as 8 weeks (Article 180 § 4-7 of the Labour Code).
• Requests when giving up leave: you submit your request to give up leave on paper or electronically no later than 7 days before returning to work. The father submits his request for part of the leave no later than 14 days before it starts. The employer must grant both requests (Article 180 § 8-9 of the Labour Code).

Parental leave (Articles 182(1a)-182(1f) of the Labour Code)

• Total length: up to 41 weeks (1 child) or 43 weeks (multiple birth). If the child has a certificate under the "Za życiem" Act, the length is 65 or 67 weeks. The leave is due to both parents jointly (Article 182(1a) § 1-3 of the Labour Code).
• 9 weeks for each parent: out of the total, each parent has an exclusive right to 9 weeks, which cannot be transferred to the other parent (Article 182(1a) § 4-5 of the Labour Code). If the father does not use his 9 weeks, the mother cannot take them over.
• At the same time: the parents may take parental leave at the same time within the total length (Article 182(1a) § 6-7 of the Labour Code).
• Until when and in how many parts: at once or in no more than 5 parts, no later than the end of the calendar year in which the child turns 6 (Article 182(1c) of the Labour Code). The number of parts is determined by the number of requests submitted, including requests for maternity benefit for that period (Article 182(1d) § 2 of the Labour Code).
• Request: on paper or electronically, no less than 21 days before the leave starts, with the documents under the regulation. The employer must grant it (Article 182(1d) § 1 of the Labour Code). You can give up the leave at any time with the employer's consent (Article 182(1d) § 3 of the Labour Code).
• Combining with work: you can combine parental leave with work for your employer up to half-time. You submit the request 21 days in advance. The employer may refuse only on account of the organisation or type of work, giving the reason within 7 days. The leave is then extended in proportion, up to a maximum of 82/86 weeks (Articles 182(1e)-182(1f) of the Labour Code).

Paternity leave (Article 182(3) of the Labour Code)

• Length: up to 2 weeks, no later than until the child reaches 12 months of age. At once or in 2 parts, neither of which may be shorter than a week (Article 182(3) § 1-1(1) of the Labour Code).
• Request: on paper or electronically, no less than 7 days before the leave starts. The employer must grant it (Article 182(3) § 2 of the Labour Code).
• Paternity leave is independent of parental leave and of the father's exclusive 9 weeks.

What to do

1. Before the birth. If you want to start maternity leave before the birth, submit a request with your first name and surname and the start date of the leave, attaching a copy of the medical certificate with the expected date of birth (§ 2 of the regulation of 8.05.2023 on requests concerning employees' entitlements related to parenthood, hereinafter: the regulation). If you do not submit a request, the leave starts on the day of birth.
2. After the birth, give the employer the birth certificate. The employer establishes the length of maternity leave from the day of birth and pays, or passes to ZUS (Social Insurance Institution), the documents for maternity benefit.
3. Decide on 81.5% within 21 days after the birth. If you want to receive 81.5% of the assessment basis for the whole of maternity and parental leave, submit a written request no later than 21 days after the birth (Article 30a(1) of the Sickness Benefits Act). This is a benefit request, submitted to the benefit payer (the employer or ZUS), not a leave request. Without it you receive 100% for maternity leave and 70% for parental leave (Article 31(1)-(3) of the Sickness Benefits Act). The request does not cover the other parent's 9 weeks, for which the benefit is always 70%.
4. Submit the request for parental leave 21 days before it starts. The request contains (§ 14 of the regulation): the employee's first name and surname, the period of parental leave used so far or benefit for that period and the number of parts used, and the period for which the leave is to be granted. You attach an abridged copy of the child's birth certificate (or a copy) and a statement that the other parent does not intend to take parental leave in that period, or on the period in which the other parent intends to take it. For the 65/67-week length you attach a copy of the "Za życiem" certificate.
5. The father submits the request for paternity leave 7 days before. The request contains his first name and surname and the period of the leave or its part. Attachments: an abridged copy of the birth certificate (or a copy) and a statement on whether the employee has already used paternity leave or part of it (§ 16 of the regulation).
6. When giving up maternity leave in favour of the father, the mother submits a request with the date of returning to work and a copy of the father's request (§ 3 of the regulation). The father submits a request with the child's details, a statement on the period of leave used before the birth and the period for which the part of the leave is to be granted, attaching a copy of the birth certificate and the mother's statement of her intention to give up the leave (§ 5 of the regulation).
7. Plan your annual leave. At your request, the employer grants annual leave directly after maternity leave; this applies accordingly to parental and paternity leave (Article 163 § 3 of the Labour Code). On termination of the contract, payment in lieu is due for unused leave: Payment in lieu of unused leave.

Exceptions and caveats

• Protection of employment. During pregnancy, maternity leave, and from the day of submitting a request for maternity, paternity or parental leave until the end of the leave, the employer may not give notice or terminate the contract, or even make preparations to do so. The exceptions are reasons attributable to the employee with the consent of the company trade union organisation, and the employer's bankruptcy or liquidation (Article 177 § 1 and 4 of the Labour Code).
• 70% instead of 81.5% when parental leave did not start in the first year. If not a single day of parental leave was used in the child's first year of life, the benefit for that leave is 70%, even if a request for 81.5% was submitted. On request, a top-up of the maternity leave benefit to 100% is then due (Article 31(3f)-(3g) and (4) of the Sickness Benefits Act).
• The contract ends during pregnancy. If a fixed-term contract was extended until the day of birth under Article 177 § 3 of the Labour Code, you have the right to maternity benefit after insurance ends. Benefit is also payable after employment ends during pregnancy because of the employer's death, bankruptcy or liquidation, or termination of the contract in breach of the law established by a final ruling (Article 30(1), (3)-(4) of the Sickness Benefits Act).
• After returning to work. For a child's sudden illness, leave from work due to force majeure is useful: Leave from work due to force majeure. What the employer sees from the e-ZLA is described in the guide Can my employer see what my sick note (L4) is for?.
• Changes to the law. Article 29 of the Sickness Benefits Act will receive new wording from 1.01.2027 (Dz.U. 2026 item 26). We do not discuss this amendment.
• Doubts. Disputes about the amount of benefit are decided by ZUS and then the court. An employer's refusal to grant leave can be reported to the PIP. Use the free PIP advice service.

Example

Assumptions: an employee gave birth to one child on 1 March. She did not take leave before the birth. Both parents work on employment contracts. The parents want the mother to be with the child for as long as possible and the father to use his entitlements.

1. Maternity leave starts on 1 March and lasts 20 weeks, until 18 July.
2. By 22 March (21 days after the birth) the mother submits to the employer a written request for benefit at 81.5% for the whole period of maternity and parental leave.
3. At least 21 days before 19 July, the mother submits a request for 32 weeks of parental leave (41 weeks minus the father's exclusive 9 weeks), with the birth certificate and a statement that the father intends to use 9 weeks at a later date. She receives 81.5% of the basis.
4. In the first months of the child's life, the father submits, with 7 days' notice, a request for 2 weeks of paternity leave. He receives 100% of the basis.
5. When the mother returns to work, the father submits, 21 days in advance, a request for his 9 weeks of parental leave. For this period he receives 70%. He can do this no later than the end of the year in which the child turns 6, in one or several parts, as long as together with the mother's parts there are no more than 5 requests.

Documents and deadlines

Frequently asked questions

Can the employer refuse parental or paternity leave?

No, if the request was submitted in time and in the required form. The Code says that the employer is obliged to grant the request (Article 182(1d) § 1 and Article 182(3) § 2 of the Labour Code). It may refuse only the combining of parental leave with work, and only on account of the organisation or type of work.

What happens if the mother does not submit the request for 81.5% within 21 days?

She will receive 100% for maternity leave and 70% for parental leave (Article 31(1)-(2) of the Sickness Benefits Act). The provisions do not provide for a later change to 81.5%.

Related guides

• Can my employer see what my sick note (L4) is for?
• Payment in lieu of unused leave: when you are entitled to it, how to calculate it and when it must be paid
• Leave from work due to force majeure: when are you entitled to it and how do you request it?
• Will I receive sickness benefit after my employment contract ends, and who will pay it?
• How do you get free legal advice from the PIP?

Sources (documents in Polish)

• Kodeks pracy, t.j. Dz.U. 2026 poz. 1245 (art. 163, 177, 180, 182(1a), 182(1c)-182(1f), 182(3), 183(1))
• Ustawa z 25.06.1999 o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa, t.j. Dz.U. 2026 poz. 854 (art. 29a, 30, 30a, 31)
• Rozporządzenie MRiPS z 8.05.2023 w sprawie wniosków dotyczących uprawnień pracowników związanych z rodzicielstwem oraz dokumentów dołączanych do takich wniosków, Dz.U. 2023 poz. 937 (§ 2, 3, 5, 14, 15, 16)

Sources checked on 16 October 2026. Law as at 16 October 2026.

Change history

• 16 October 2026: First publication.