Pursuant to the Act on the Social Insurance System, each employee is entitled to maternity leave on account of the birth of a child. The allowance is due for the periods of leave which may be used after the birth or adoption of the child. It is intended for the recovery of strength during the postpartum period and for the personal care of the newborn baby in the first weeks of his life. It is a percentage of the salary or income that is the basis for its assessment. Who is entitled to maternity leave? How long does it take? What documents are needed? Let’s get to the details.
Maternity leave – who is entitled to?
Maternity leave is for employees who:
- have had at least one child,
- took a child up to the age of 7 for upbringing and applied to the guardianship court regarding its adoption,
- took a child up to the age of 7 for upbringing as part of a foster family, excluding a professional foster family.
If a worker has lost her right to sickness insurance during pregnancy, for example due to loss of employment due to bankruptcy or liquidation of her employer, she will be entitled to payment of Maternity Benefit. The right to maternity allowance is granted by operation of law to employees employed under a fixed-term employment contract, for the duration of the agreed work, or for a trial period exceeding one month, with whom the employment contract has been extended until the date of their delivery.
Maternity leave – how long is it?
According to the current rules, you can take paid leave to look after your baby for 12 months. This period includes maternity and parental leave, which together amount to 52 weeks.
In connection with the birth of a child, you are entitled to 20 weeks of maternity leave – 6 weeks can be used before the birth, and the next – after the birth of the child (such leave can be counted for the birth of one child, if twins or multiple women are born, the leave period is extended ) and a parental period of 32 weeks (34 in the case of a multiple pregnancy).
Maternity leave – necessary documents
The first 20 weeks of leave are compulsory, so basic maternity leave does not require any application. However, you must provide certain documents to your employer. They are:
- certificate of the expected date of delivery,
- abridged copy of the child’s birth certificate.
There are two ways of applying for parental leave, which is available immediately after basic maternity leave has been taken.
- At the latest 14 days after giving birth (even before the birth of the child), the employee may submit one joint application for full-time parental leave immediately after basic maternity leave. Then for 12 months it will receive 80 percent. salary.
- At the latest 14 days before the start of parental leave, she should submit an application to her employer and attach a declaration that the other parent does not intend to use this leave. If the parents plan to divide the parental leave among themselves, state in the declaration how they intend to do so.
Maternity leave – amount of remuneration
In the case of maternity and parental leave, the amount of the allowance depends on the mother’s declaration for how long she wishes to receive it:
- 100% assessment basis – due if the woman does not intend to take parental leave; 100 percent the allowance is granted for the entire period of maternity leave;
- 80 percent of the calculation basis – due if the woman applies for parental leave after giving birth; the application must be submitted no later than 21 days after giving birth; 80 percent the calculation basis is available during maternity and parental leave;
- 60 percent of the calculation basis – due if a woman exceeds the 21-day deadline for submitting an application for parental leave; 100 percent the allowance is granted during maternity leave, and 60 percent. during parental leave.
The terms maternity leave and maternity allowance are often confused or used interchangeably. However, they mean something completely different. Maternity leave is a break from work. On the other hand, maternity allowance – a cash benefit paid to a woman on maternity leave.