Compensation of maternity allowance in the event of resignation from parental leave

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Most women decide to take both maternity and parental leave right after giving birth. However, later it happens that they resign from the rest during the parental leave. Therefore, can they count on compensation for maternity allowance? You can read about it in the article.

Maternity leave

One of the rights related to parenthood is maternity leave. This leave is available to persons employed under an employment contract and to persons running a business, provided that they pay sickness insurance contributions for the required period of time. On the other hand, the mother of a newborn child, who is no longer employed and still had sickness insurance on the day of childbirth, is entitled to a maternity allowance for the period of maternity leave. This could be the case when the expired contract is extended until the day of delivery.

To take advantage of maternity leave, you must submit the relevant documents:

  • application for maternity leave,

  • child's birth certificate.

Maternity leave is:

  • 20 weeks - if one child is born,

  • 31 weeks - for twins,

  • 33 weeks - if triplets are born,

  • 35 weeks - if four children are born,

  • 37 weeks - in the case of five or more children at one birth (Article 180 § 1 of the Labor Code).

Maternity leave may commence even before the birth, but up to 6 weeks before it (Art. 180 § 2 of the Labor Code). Then, in addition to the application for maternity leave, you must submit a certificate from the doctor about the planned date of delivery.

Importantly, this leave is compulsory, but only for 14 weeks. The remaining 6 weeks may be used by the child's father, provided that the mother assigns the remainder to him (Article 180 § 4 of the Labor Code). The only condition is that the child's father has compulsory or voluntary health insurance.

Parental leave

In addition to maternity leave, parents may also take parental leave, which is due to:

  • 32 weeks - if one child is born,

  • 34 weeks - if more children are born at one birth (Article 1821a § 1 of the Labor Code).

Parental leave is granted immediately after using the maternity leave or maternity allowance for the period corresponding to the maternity leave. Both parents can use it, even at the same time, but the total length of leave may not be longer than 32 or 34 weeks, respectively (Article 1821a § 2 and 3 of the Labor Code).

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Both the mother and father of the child may take parental leave, even at the same time.

Parental leave can be used in a maximum of 4 parts until the child is 6 years old.

The amount of maternity allowance for the period of maternity and parental leave

The amount of maternity allowance for the period of maternity and parental leave depends on several factors:

  1. If the child's mother declares from the outset that she will only use maternity leave and actually only uses it - she receives an allowance equal to 100% of the allowance basis throughout the entire period of maternity leave.

  2. If the child's mother immediately applied for maternity leave and parental leave and takes both of these leaves, she will receive an allowance equal to 80% of the allowance basis for the entire period.

  3. If, on the other hand, the child's mother initially only applies for maternity leave, and only later declares that she will also use parental leave - she will receive a maternity leave allowance in the amount of 100% of the base and an allowance for the period of parental leave in the amount of 60% of the base.

You can receive an allowance for the period of maternity and parental leave in the amount of 60, 80 or 100% of the basis of the allowance.

The basis for calculating the maternity allowance is the average monthly remuneration paid for the period of 12 months preceding the month of incapacity for work.

Resignation from parental leave and compensation of maternity allowance

What happens if the mother who has declared that she has taken parental leave resigns from it? It depends on whether he has time to start parental leave, and if so, in which week he will not.

If the child's mother resigns from parental leave no later than the 6th week of this leave (or the 8th week in the case of more than one child in childbirth), then for the entire period of maternity leave and these few weeks of parental leave will receive an allowance in the amount of 100% of the base allowance . From the 7th or 9th week, respectively, the allowance amounts to 60% of the allowance calculation basis (Article 31 (1) and (2) of the Benefit Act).

Compensation of maternity allowance is due in the event of resignation from parental leave no later than the 6th week of this leave or the 8th week (in the case of more than one child at birth).

If the child's mother, within 21 days of giving birth, applies to the employer for maternity and parental leave, she will receive an allowance of 80% for the period of these leaves. However, if, up to a maximum of the 6th or 8th week of parental leave, they resign from all or the remaining part of the parental leave, the maternity benefit will be adjusted to 100% of the calculation basis for the entire period of maternity leave and for part of the used parental leave. Then the mother of the child is paid a one-time payment of the maternity allowance.

Importantly, the compensation is not due if the child's father takes parental benefit for the entire period of parental leave or for 26 weeks.