In connection with the so-called the parental directive, which is being implemented by the government, amendments to the Labor Code will come into force on August 1, 2022. One of them is increasing the maternity allowance to 70 percent. the allowance calculation basis for the entire period of parental leave.
- The Ministry of Family and Social Policy has prepared an amendment to the provisions of the Labor Code
- The so-called parental directive, and the new provisions stipulate, inter alia, two new types of leave regulate remote work and introduce more flexible working hours for parents
- Maternity allowance will increase and the rules for its application will change
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Maternity allowance. Award rules
Pursuant to Art. 29 (1) of the Act of 25 June 1999 on cash benefits from social insurance in the event of sickness and maternity, the maternity allowance is granted to persons who during the period of sickness insurance or during the period of parental leave gave birth to a child or adopted for upbringing and applied to the guardianship court regarding adoption or accepted for upbringing as part of a foster family a child up to the age of 7, and in the case of a child for whom a decision to postpone schooling has been made – up to the age of 10.
The right to receive maternity allowance may be used by persons covered by sickness insurance (obligatorily or voluntarily). Maternity allowance is granted regardless of how long a woman is covered by sickness insurance – reminds Rynekzdrowia.pl.
The total duration of maternity and parental leave is 52 weeks, which is one year. While using both of these leaves, you are entitled to maternity allowance and parental allowance.
The length of maternity leave depends on the number of children born during one childbirth (or accepted for upbringing) and amounts to:
- 20 weeks (in the case of one child),
- 31 weeks (if there are two children)
- 33 weeks (in the case of three children),
- 35 weeks (in the case of four children)
- 37 weeks (for five or more children).
Changes from August 1, 2022 to maternity allowance
Until now, the amount of the maternity allowance depended on the choice of the entitled person. Until August 1, 2022, it could be either 80 percent. for the entire period of one year or 100 percent. for the period of receiving maternity allowance and 60 percent. for the period of receiving parental benefit.
The allowance calculation basis is the average earnings of the person receiving the allowance for the last 12 months. “This means that you can receive an allowance equal to your wage while on maternity leave. This is possible if you receive a fixed salary. In the case of employment for less than one year, the maternity allowance is calculated on the basis of the average of full months worked »- informs the website kadry.infor.pl.
«The changes from August 1 will include monthly maternity allowance (for the period of parental leave), which will amount to 70 percent. the allowance calculation basis. At the same time, the employee will still be able to decide what amount of maternity benefit she wants to receive during the period of parental leave » — informs Rynekzdrowia.pl behind the Polish Agency for Enterprise Development.
As PARP explains in a statement published on its website, the employee will have two options:
- The first will concern the payment of 100 percent maternity allowance. for the entire period of maternity leave. If an employee decides to do so, she will be able to receive an allowance in the amount of 70% of the calculation basis for the period of parental leave;
- If a female employee submits an application for payment of maternity allowance for the period of maternity leave and parental leave within 21 days from the date of childbirth, she will be paid a maternity allowance of 81,5%. for the period of maternity and parental leave. However, for the 9-week period of this leave, the father of the child will be entitled to a maternity allowance of 70%. the allowance calculation basis. If the parental leave is not used in the first year of the child’s life, the employee will be entitled to submit an application for the compensation of the allowance for the period of the maternity leave. Such compensation will be available in the amount of up to 100%. the basis of maternity allowance. However, if an employee takes parental leave in subsequent years, she will be entitled to 70 percent. the basis of the allowance, but this amount will also apply to the other parent.
The assumptions of the Parental Directive are aimed at making it easier for parents to reconcile work and family life and the division of responsibilities between the child’s mother and father. Parents’ working time is to be more flexible and allow, inter alia, refusal to be on duty at inconvenient hours.