Special leave on the occasion of the birth of a child

The birth of a child is one of the most important moments in a family’s life. It is therefore no surprise that parents want to enjoy it and experience it in peace. In Poland, labour law allows employees to take special leave in such situations. Both the mother and the father of the child are entitled to this leave. How long does it actually last? Is it unpaid leave or paid leave? Find out exactly what compassionate leave for the birth of a child consists of.

 

What is compassionate leave for the birth of a child?

According to the Labour Code, an employee is entitled to 2 days of special leave in the event of the birth of a child. This is a privilege that applies to both the mother and father of the child,. Special leave on the birth of a child is not the same as other forms of leave, such as maternity leave or paternity leave, but it allows parents to set aside time to organise the most important matters related to the arrival of the child in the world. The employer is obliged to grant the leave as long as the applicant provides the required documents.

 

Legal basis for special leave

Special leave is a benefit granted to employees in certain personal situations. The rules for granting this leave are regulated by the Labour Code, which allows employees to obtain two days off for exceptional circumstances. The possibility of taking it is also regulated by the Regulation of the Minister of Labour and Social Policy of 15 May 1996 on the manner of justifying absences from work and granting exemptions from work to employees (Journal of Laws of 1996, No. 60, item 281, as amended).

Special leave for the birth of a child allows parents to organise matters related to the birth of their child, such as dealing with paperwork or support during the first days of the new family member’s life. In such cases, it is extremely important to provide the employer with the relevant documents. These include, first and foremost, the child’s birth certificate, which forms the basis for granting the leave.

 

Who can take special leave?

Special leave for the birth of a child is available to any employee with an employment contract, irrespective of length of service or full-time equivalent. In practice, the leave is most often taken by the father of the child, although both parents are entitled to the leave.

It is worth noting that obtaining the leave requires the submission of an application to the employer. The documents for compassionate leave should contain information on the date and reason for the leave, and be supported by the required attachments, such as a copy of the birth certificate. In the absence of such a document, the employer may refuse compassionate leave.

 

Length of special leave for the birth of a child

In the event of the birth of a child, an employee may take two days of special leave. The number of days of leave is fixed, regardless of the circumstances. These days can be taken at a convenient time – usually on the day of the child’s birth or shortly afterwards. However, it is important that the leave is taken in accordance with the regulations, which means that the employee must inform the employer of their intention to take this benefit well in advance.

Special leave on the occasion of the birth of a child is not granted automatically – it is necessary to apply for special leave and attach the required documents. Preferably on the day of the child’s birth or at the earliest possible date. Importantly, the amount of leave is always 2 days, regardless of the number of children born during one birth. With the birth of another child, another special leave is granted.

 

2 days of special leave – for whom?

Who is entitled to special leave? Is it only granted for the birth of a child? Not necessarily. Special leave is also granted in other exceptional life situations such as:

• The wedding of an employee – 2 days of leave are granted.
• Wedding of an employee’s child – 1 day off can be requested.
• Death of a loved one – 2 days are granted in the event of the death of a spouse, child, parent or parent of a spouse, and 1 day in the event of the death of a sibling, grandparent, parent-in-law, grandchild or other dependent of the employee.
  Special leave is also due when there has been a stillbirth.

In each of these situations, the employee must submit a request to the employer, indicating the reason for taking the leave and its date. Documents for compassionate leave, such as a death certificate, a marriage certificate or a child’s birth certificate, are necessary for the employer to formally grant the leave.

Thanks to the provisions allowing special leave, employees can fully participate in important family events and take time to organise formal affairs and support their loved ones.

 

Is compassionate leave paid?

What is the payment for special leave? Payment for special leave is funded in the same way as for annual leave, which means that the days off are fully paid and do not reduce other employee benefits. An employee who wishes to take compassionate leave need not fear loss of pay – the right to paid leave is guaranteed by law.

It is also worth noting that special leave for the birth of a child is not the only option available to parents. Longer periods of time off are offered by, among others, maternity leave, paternity leave or parental leave, which give the opportunity to be fully involved in the care of the child in the first months of its life.

In summary, compassionate leave is a benefit for fathers and for mothers and is always 2 days.