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Labor Code – changes from April 26, new leaves, change in the amount of the allowance, the most important changes

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On Wednesday, April 26, new rules on parental leave come into force. Each parent will receive 9 weeks of leave for exclusive use – explained Monika Jurkiewicz, legal adviser. In addition, the amount of the maternity allowance will change.

On February 21 this year, new provisions regulating the control of employee sobriety entered into force, and on April 7 – regulating provisions remote work The next amendment to the Labor Code will come into force on April 26 this year and concerns i.a. holidays.

The next revolution for employees is coming. Here are the most important changes. READ MORE >>>

Parental leave – details

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– Parental leave in a new, higher dimension than at present will be entitled to both employees – the child’s parents – reminded Jurkiewicz.

She emphasized that according to the new regulation, each of the employees – the child’s parents – will have the exclusive right to 9 weeks parental leave from the leave period specified above. However, she noted that “these 9 weeks are not >> additional << to the increased length of parental leave, but are included in it". Jurkiewicz pointed out that parents can take parental leave at the same time not only for these additional 9 weeks, but, for example, one parent can take 20 weeks and the other 21 weeks. - It should be remembered that parental leave is granted for multiple weeks. Both parents of the child are entitled to parental leave, and only one, 9-week part, cannot be transferred to the other parent (...) each parent will have the exclusive right to 9 weeks of parental leave from the amount indicated above - stressed Jurkiewicz. Therefore, the employee cannot assign the entire parental leave to herself.

She also reminded that the total duration of parental leave may not exceed 41 weeks, respectively, in the case of the birth of one child in one birth, and 43 weeks in the case of multiple births. She added that the length of parental leave will be even higher for employees – parents of a child with a certificate stating a severe and irreversible disability or an incurable life-threatening disease that arose in the prenatal period of the child’s development or during childbirth.

Changing the amount of maternity allowance

Jurkiewicz reminded that the height will also change maternity allowance. – When it comes to benefits, for applications submitted from April 26, 2023, the amount of the maternity allowance for the period of parental leave will be 70 percent of the calculation basis. However, if the insured person submits an application for the allowance within 21 days from the date of delivery, then the basis for calculating the maternity allowance for the entire period will be 81.5 percent, she said. After the entry into force of the amendment, women will also have two options related to the amount of the maternity allowance. The first option is to set the amount of the maternity allowance for the entire period of parental leave at the level of 70%. the basis for the calculation of the allowance, and the second is related to the submission of an appropriate application no later than 21 days after childbirth – then the monthly maternity allowance for the period maternity leave and parental will be 81.5 percent. benefit calculation basis. Jurkiewicz stipulated, however, that for the period of the 9-week non-transferable part of the leave, the child’s father will be entitled to a maternity allowance in the amount of 70 percent. benefit calculation basis. She also reminded that the legislator provided for transitional provisions for employees who have already applied for parental leave, but have not yet started to use it. – In accordance with the transitional provisions, the new wording of the provisions will apply to an employee who applied for parental leave before April 26, 2023, but did not start using this leave on the date of entry into force of the Act. She pointed out that the employer is obliged to return the application to the employee in order to change it and resubmit it within 7 days, but if the employee fails to do so within this period, he or she will exercise the rights in accordance with the application submitted before April 26, 2023.

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