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Maternity and parental leave requests still in one application


A recent amendment to the Labour Code has somewhat clouded the issue when it comes to requesting parental leave. Previously, Article 179(1) of the Labour Code prescribed the so-called simultaneous application, i.e. parental leave could be applied for immediately within 21 days of the birth. Even though this provision has been repealed, it is still possible to submit a simultaneous application for benefits during these two types of leave under the Sickness Act within 21 days. How to go about this? It is sufficient to make a simultaneous application under the Sickness Act within 21 days of the birth, at the same time treating it as an application for parental leave under the Labour Code. This is because the Labour Code has left in place the requirement to apply at least 21 days before parental leave, which therefore merges with the application that is made within 21 days after the birth. – Łukasz Chruściel comments for the Dziennik Gazeta Prawna.

Article here.