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.