2013-06-14
Entitlements connected with parenthood for the employees in a “transitional period”
Author: Go¶cie

Following the previous information regarding the Labour Code’s amendment (the Act of 28 May 2013 Amending the Labour Code and Certain Other Acts; the “Act”), changing the entitlements of employees connected with parenthood, I would like to shortly discuss how an employee using the maternity leave on the effective date of the Act (17 June 2013) may apply for the additional maternity leave in the new, higher amount.

The Act specifies only a situation of the employee whose maternity leave ends in the period from 24 June to 30 June 2013. Such person may be granted the additional maternity leave in the new, higher amount, at his/her written request filed not later than 7 days before the commencement of such leave (the additional maternity leave is due directly after the maternity leave). For example, if the maternity leave ends on 25 June 2013, the request for the additional maternity leave should be filed on 19 June 2013 at the latest.

The Act does not specify when the request should be filed by employees whose maternity leave ends in the period from 17 June to 23 June 2013. As the additional maternity leave must fall directly after the maternity leave, one should assume that such employees will have the shorter than seven-day term to file the request. In my opinion the employee should file the request on the last day of the maternity leave. Such solution gives an employee more freedom of action and, moreover, it is similar to the solution that applies to the employees using additional maternity leave on the effective date of the Act – they can apply for such leave in the higher, supplementing amount until the last day of the previously granted leave.

Finally, the employees whose maternity leave ends after 30 June 2013 file a request within the standard term, i.e. not later than 14 days before the commencement of the additional maternity leave.



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