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Extended maternity leave for parents of premature babies. The project has been approved

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A project has been published on the website of the Government Legislation Center providing for the extension of maternity leave for parents of premature babies and newborns requiring longer hospitalization. The regulation was sent, among others, to trade unions, employers' organizations and the Council for Social Dialogue.

Parents of babies born before 28 weeks or weighing less than 1,000 grams will be able to benefit from 15 extra weeks maternity leaveand parents of children hospitalized after birth for up to 8 weeks – assumes a draft amendment to the Labor Code, which was agreed on Tuesday.

In the justification for the project, it was noted that: under the current legal situation, parents of prematurely born children have the same parental rights as in the case of full-term children. They can take maternity leave, paternity leave, parental leave Whether parental leave.

The authors of the project indicate that in the case of parents of premature babies and hospitalized children, frequent visits to the doctor and long-term rehabilitation involve the need to take vacation leave to be able to provide the child with appropriate medical care. Parents are also forced to use sick leave due to caring for a sick child.

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Parents of premature babies and extended maternity leave

According to the project, additional maternity leave will be optional, granted upon request, and can be used in one part – immediately after maternity leave. This holiday will be payable at 100%. basics benefit amount. The introduced solution will be applied to parents adopting a child and foster families accordingly.

Length of additional maternity leave will be up to 8 weeks or up to 15 weeks, respectively depending on the period of the child's hospitalization, the week of pregnancy in which the child is born or depending on the child's birth weight.

The project assumes that for working parents of children who were born before the 28th week of pregnancy or with a birth weight not exceeding 1000 grams, additional maternity leave will depend on the period of the child's hospitalization in the amount of one week of additional maternity leave for each week of the child's stay in hospital until the 15th week after delivery.

Working parents of a child born after the 28th week of pregnancy and before the 36th week of pregnancy and with a birth weight of more than 1,000 grams will be entitled to a week of additional maternity leave for each week of the child's stay in hospital until the 8th week after delivery.

Maternity leave and longer hospitalization of a child

The project states that the changes will also apply to working parents the baby was born after the 36th week of pregnancy, but requires hospitalization. In this case, in order for the employee to be entitled to additional maternity leave, the child must be hospitalized between the 5th and 28th day after birth for at least two consecutive days. If hospitalization occurs on the 29th day after delivery and the child is released from the hospital three days after delivery, the employee will not be entitled to additional maternity leave.

Extended maternity leave – what are the rules?

In accordance with the project, when determining the amount of additional maternity leave the periods of the baby's stay in hospital until the 8th week or 15th week after birth will be added up, and a partial week will be rounded up to a full week. This regulation takes into account the intervals between subsequent hospitalizations of the child.

By design too insured persons who are not employees will be entitled to it maternity benefit for the period corresponding to the period of additional maternity leave.

According to the project, additional maternity leave will be granted upon request in paper or electronic form, no later than 21 days before the end of the maternity leave.

The assessment of the effects of the project regulations emphasizes that after the end of additional maternity leave, the employee should return to work in her current position, and if this is not possible, then in a position equivalent to the one held before the start of the leave, on terms no less favorable than those that would apply if the employee did not use this leave.

Moreover, it was decided to introduce changes to the Family Benefits Act. The authors of the project explain that parental benefit is the equivalent of maternity benefit, which can be used by uninsured and unemployed people. Therefore, it was decided to introduce similar changes in the case of this benefit.

According to the project, the right to parental benefits will be extended by the same periods indicated in the amended provisions of the Labor Code. However, the right to extend the period of receiving parental benefits, on the same principles as in the Labor Code, will be determined once at the request of an entitled person. The document confirming the right to extended parental benefit will be a certificate issued by the hospital.

The draft proposes that the amendment will enter into force 21 days from the date of announcement.

Main photo source: Shutterstock



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