Application for maternity leave


Pursuant to the amendment to the act, mothers of children born from the beginning of 2013 are entitled to a 20-week maternity leave. The law does not clearly define what documents an employee should present on the basis of which she will be granted basic maternity leave. Taking into account the requirements applicable to the granting of maternity allowance, the proof of this situation is a shortened copy of the child's birth certificate.

Obtaining the above-mentioned the leave by the interested party is granted only by presenting the employer with the child's birth certificate, there is no need to submit a separate application.

An employee has the right to use up to 6 weeks of maternity leave before the expected date of birth. It is only a privilege that a young mother may or may not use, and the choice is hers. For this purpose, an application is required, which must be accompanied by an appropriate medical certificate specifying the expected date of delivery (Article 53 (2) of the Benefit Act). Due to the lack of regulations in this matter, it is assumed that the application may be submitted at any time.

The 20-week leave cannot be waived, but it is possible for the mother to return to work after 14 weeks, provided that the child remains under the father's care for the remaining 6 weeks. If an employee wants to interrupt additional maternity leave, she must submit a written request to resign from the leave not later than 7 days before the commencement of work. The application should be accompanied by a certificate from the employer employing the father raising the child, containing the date of granting the leave, which falls immediately after the date of resignation from the maternity leave by the employee.

To be granted leave on the terms of maternity leave, the person concerned should prove in particular:

  • the fact of accepting a child for upbringing and submitting a request to the guardianship court to initiate proceedings regarding the adoption of a child or taking the child up for upbringing as a foster family,
  • the age of the child.