Definition of paternity leave and transferred maternity leave
Paternity leave is an entitlement available to an employee who is a father, enabling him to actively participate in caring for his child. This leave lasts 14 calendar days (i.e. 2 weeks), and the employee can take it all at once or split it into two parts. Paternity leave is available to both biological and adoptive fathers. In the case of adoption, the father can use this entitlement within 12 months of the date on which the adoption order becomes final.
Transferred maternity leave ('urlop tacierzyński') is a colloquial term referring to the part of maternity leave that the mother can transfer to the father once she has used at least 14 weeks of her maternity leave. This allows the father to take over childcare for the remainder of the maternity leave.
Why is it worth taking paternity leave?
Paternity leave is an excellent opportunity for fathers to fully participate in family life and build stronger bonds with their child. Thanks to paternity leave, fathers can actively support the child's mother in caring for the newborn, which contributes to a more balanced division of parental duties. It is also a step towards supporting equality within the family, since both the child's father and mother can share responsibility.
During paternity leave, the father is entitled to a maternity allowance equal to 100% of his salary, which provides important financial support for both employees and entrepreneurs. It is important, however, that the leave application be submitted no less than 7 days before the planned start of the leave – this is a key requirement, and failing to meet it may give the employer grounds to refuse the leave.
If the father decides to take over part of the maternity leave, he can make use of what is known as transferred maternity leave. In this case, an application must be submitted by the employee-father raising the child for the remaining part of the maternity leave to be granted, after the child's mother waives her portion of the leave. This step gives fathers the opportunity to become even more involved in caring for their child while easing the burden on the mother.
How to submit an application for transferred maternity leave and paternity leave?
If you are employed under an employment contract and plan to take transferred maternity leave, you must submit an application for this leave to your employer. Once the employer accepts the application, they pass the relevant information on to ZUS so that you can receive the maternity allowance for the period of paternity leave.
If you run your own business and pay sickness insurance contributions, the application for transferred maternity leave must be submitted directly to ZUS. You can do this in person, by post, or electronically via the PUE ZUS platform. The employee's application should be submitted on the appropriate form together with the required documents.
Who is entitled to paternity leave and transferred maternity leave?
Paternity leave is available to both biological and adoptive fathers, regardless of whether the child's mother used maternity leave. In the case of adoption, the father is entitled to paternity leave until the child turns 14 years old, counting from the date the adoption order becomes final. In addition, the father is entitled to use paternity leave until the child turns 24 months old, counting from the date of birth or from the date the court order becomes final in the case of adoption.
Transferred maternity leave is available to fathers who take over part of the maternity leave from the mother after she has used at least 14 weeks of it. The father must submit an appropriate application to take over part of the maternity leave, which allows him to continue caring for the child when the mother returns to work.
Duration of paternity leave and transferred maternity leave
The duration of paternity leave is 14 calendar days (2 weeks), which also includes weekends and non-working days. The leave can be split into two parts, each of which must last at least 7 days. It cannot be split into shorter periods, e.g. 5 and 9 days.
Transferred maternity leave depends on how many weeks of maternity leave the mother transfers to the father – it is possible to take over the remaining part of the leave after 14 weeks, when the mother returns to work.
Is transferred maternity leave and paternity leave paid?
Yes, both paternity leave and transferred maternity leave are paid. During these types of leave, the father receives a maternity allowance equal to 100% of the allowance assessment basis (article Urlop ojcowski [Paternity leave], available at gov.pl). This allowance is available both to employees under an employment contract and to entrepreneurs, provided they pay sickness insurance contributions.
When can you submit an application for paternity leave?
The application for paternity leave must be submitted no later than 7 days before the leave is due to begin.
To take transferred maternity leave, the father must submit the mother's declaration waiving part of her maternity leave and submit an application to take over that part himself. This application should also be submitted no less than 7 days before the leave begins.
How to write an application for paternity leave?
If you're planning to take paternity leave or transferred maternity leave, the key step is submitting the appropriate application. It must meet certain formal requirements to be correctly accepted by the employer. Below you'll find information on how to write such an application, what elements it should contain, and what documents are necessary to submit it.
Elements of a paternity leave application
The paternity leave application should be drawn up formally, in accordance with the requirements of the Polish Labour Code. Above all, it should contain the following elements:
- Employee details – first name, surname, PESEL number, job title and home address.
- Employer details – the company's full name and registered address.
- Indication of leave dates – the exact start and end dates of the paternity leave must be given. It's important to remember that paternity leave can be split into two parts, each of which must last at least 7 days.
- Declaration regarding the use of paternity leave – for example, information on whether the applicant is taking the leave for the first time or whether this is the second part of the leave.
- Documents confirming adoption – if the leave relates to an adopted child, documents confirming the adoption and a certificate confirming that the court order has become final must be attached.
- Attachment – the child's birth certificate – the original or a copy of the child's birth certificate, which is the basis for obtaining the leave.
Elements of a transferred maternity leave application:
- Declaration that the child's mother is not using parental leave – this is a key document enabling the father to take the remaining part of the leave.
- An abbreviated copy of the child's birth certificate.
Applications can be submitted both on paper and electronically. Leave application templates in PDF and DOC format are available online, which makes preparing them much easier.
Paternity leave application template
Transferred maternity leave application template
Summary
Paternity leave and transferred maternity leave are two different entitlements that give fathers the opportunity to actively participate in caring for their child.
Paternity leave is a right available to both biological and adoptive fathers. It lasts 14 days, which can be used all at once or split into two parts. The time limit for using paternity leave is 24 months from the child's birth, or 12 months from the date the adoption order becomes final. To submit an application for paternity leave or part of it, you should use the available application form in PDF or DOC format, which must be submitted no later than 7 days before the planned start of the leave.
Transferred maternity leave refers to the part of maternity leave that the child's mother can transfer to the father once she has used at least 14 weeks of it. To take this form of leave, the father must submit an application for the part of maternity leave due to him after the mother waives it. The application for transferred maternity leave and the mother's declaration waiving her part of the leave must also be submitted no later than 7 days before the planned start date of the leave.
Thanks to these flexible solutions, fathers can better plan childcare, which benefits both employees and entrepreneurs.
