Article 188, paragraph 1 of the Labor Code, provides that an employee raising at least one child up to the age of 14 is entitled to leave from work for 16 hours or 2 days during a calendar year, while retaining the right to remuneration.

Below are some of the most frequently asked questions and answers regarding the above provision:

1. Does the right to care apply only to parents?

– no, it applies to all employees (not necessarily parents) who are raising a child, including those not connected by a formal bond of care or adoption.

2. Is the fact that the other parent is employed relevant to exercising the right to care?

– it does not matter.

3. Does the amount of leave depend on the number of children being raised?

– no, regardless of the number of children being raised, the amount of leave is 2 days or 16 hours in a calendar year.

4. Does failure to use leave for care in a given calendar year result in it being carried over to the next year?

– no, leave unused in a given year is not carried over to the next year.

5. Do I have to use the entire day of sick leave?

– No, the employee can decide to use the sick leave in the form of hours (they can use the pool of hours they are entitled to several times, up to a limit of 16 hours. This means that in extreme cases the employee can use the sick leave 16 times for 1 hour). However, it should be borne in mind that not every type of work performed will allow such use of sick leave due to its organization.

6. If I am employed by several employers, do I acquire the right to use sick leave from each of them separately?

– No, the employee is only entitled to 2 days or 16 hours of sick leave in a calendar year regardless of the number of employers for whom they work, hence information about the sick leave used is included on the employment certificate.

7. Is the application for sick leave binding on the employer?

– Yes, the employee decides when they want to use the sick leave, and the employer is obliged to grant it. However, the employee should remember that the application for sick leave should be submitted in paper or electronic form, and its date should disrupt the established work organization to the least extent possible.

If, as part of your business, you encounter problems related to labor law, we invite you to our accounting office in Krakow and our accounting office in Warsaw, where we provide accounting services as well as HR and payroll services.

If you look for services we offer, please contact us:

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PHONE: +48 22 292 47 21
EMAIL: biuro.warszawa@prwt.pl

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