The Polish Labor Code has been amended as of
January 1, 2012. The most conspicuous amendments
are those regarding: parental leave, child rearing
leave, the period during which accumulated vacation time must be used, work on Sundays and holidays,
and the construction or reconstruction of a work spaces.
As of January 1, 2012 through December 31, 2013
the amended provisions provide the new amount of
the additional maternity leave and additional leave
under the terms of the maternity leave. The new
amounts of such leaves are as follows:
- up to 4 weeks – for the birth of one child at one time,
- up to 6 weeks – for the birth of more than one child at one time.
Additionally, a child rearing employee who has
petitioned the court to initiate the adoption
proceedings is entitled to an additional two weeks of
leave under the terms of the maternity leave. The
same rule applies to employees acting as a foster
family except in cases of occupational foster
families. Furthermore, workers who exercise the
additional maternity leave or additional leave under
the terms of the maternity leave by January 1, 2012
are entitled to an additional leave equivalent to the
difference between the previous and the new amount
of time off.
A change has also occurred in the time frame during
which previously accumulated paid time off may be
used. With respect to when such accrued leave can
be used, the deadline at the end of March has now
been extended through the end of September of the
following calendar year. However, this is not
applicable to leave on request. Unused leave on
request can still be used in the following calendar
year, but only as a regular outstanding leave and not
leave on demand.
Article 15110 of the Labor Code which details the
regulations of working on Sundays and holidays was
also amended. Currently working on Sundays and
public holidays is permitted where services are
necessary due to their social and daily needs of the
population. Specifically enumerated were the social
services units and organizational units which support families and foster care systems with around the clock care.
Finally, the amended provisions of the Labor Code
require the employer to abide by new standards in
ensuring that construction or reconstruction of a
work space meets the requirements of occupational
health and safety. Therefore, the employers are no
longer required to receive expert approval of their
construction plans. The penalties for violations of the
code rules regarding the construction and
reconstruction of a work space have also changed.
Currently, there is a fine amounting from 1.000 to
30.000 PLN for those who breach the duty of care in
ensuring that the construction or reconstruction of
work space or its part is fully compliant with
occupational health and safety regulations.
MILLER, CANFIELD,
W. BABICKI, A. CHEŁCHOWSKI I WSPÓLNICY SP.K.
ul. Batorego 28-32
81-366 Gdynia
Tel. +48 58 782-0050
Fax +48 58 782-0060
gdynia@pl.millercanfield.com
ul. Nowogrodzka 11
00-513 Warszawa
Tel. +48 22 447-4300
Fax +48 22 447-4301
warszawa@pl.millercanfield.com
ul. Św. Mikołaja 7
50-125 Wrocław
Tel. +48 71 337-6700
Fax +48 71 337-6701
wroclaw@pl.millercanfield.com
Disclaimer: This publication has been prepared for clients and professional associates of Miller Canfield. It is intended to provide only a summary of certain recent legal
developments of selected areas of law. For this reason the information contained in this publication should not form the basis of any decision as to a particular course of
action; nor should it be relied on as legal advice or regarded as a substitute for detailed advice in individual cases. The services of a competent professional adviser
should be obtained in each instance so that the applicability of the relevant legislation or other legal development to the particular facts can be verified.