Parental leave and redundancy protection - what do you need to know?

23 April 2026

For many parents, the decision to go on parental leave is a natural step after the end of maternity or parental leave. However, the desire to provide personal care for the child often goes hand in hand with concerns about job stability. Although Polish law provides extensive protection for employees during this period, it is not absolute.

It is worth learning about the rules that govern parental leave in order to make informed plans to return to work and effectively defend your rights with your employer.

Basic principles and duration of parental leave

Parental leave is not a privilege available to everyone from day one. It can be taken by an employee who has at least 6 months' work experience (to which periods of employment with previous employers are also counted).

Key technical aspects to bear in mind:

• Dimension: The total amount of leave shall be up to 36 months.
• Exclusivity principle: The legislator has introduced the rule that one month out of a pool of 36 is reserved exclusively for the other parent. In practice, this means that one parent can take a maximum of 35 months of leave.
• Timeframe: The leave can be taken no longer than until the end of the calendar year in which the child reaches the age of 6 (the exception is parental leave to care for a child with a recognised disability).
• Deadlines: An application for leave must be made at least 21 days before you plan to start taking it. Importantly, the law allows for a smooth transition from maternity to parental leave - there is no requirement to work a single day in between.

The „five parts” trap - how not to lose your holiday?

The Labour Code gives parents a great deal of flexibility by allowing them to divide their leave into parts. However, this should be done judiciously. Parental leave can be divided into a maximum of 5 parts.

Incorrect planning can result in a loss of entitlement. If, for example, a parent takes 5 short periods of leave (e.g. 2 months each), at the end of the fifth part, he or she loses the right to the remaining 25 months, even though he or she has not taken them. It is therefore important that each of the 5 parts is thought through in terms of long-term care plans.

Protection against termination: When are you safe?

In accordance with Article 186⁸ § 1(1) of the Labour Code, the employer may not terminate or dissolve the employment contract during the period from the date of the application for parental leave until the date of its termination.

This is a strong safeguard to ensure that parents have job security while caring. The protection takes effect as soon as the application is successfully submitted (with a 21-day deadline).

Exceptions to protection - when can an employer terminate a contract?

Unfortunately, Polish legislation provides for situations in which the „protective umbrella” over the employee is folded. An employer has the right to terminate a person on parental leave in three cases:

1. declaration of bankruptcy or liquidation of the employer;
2. disciplinary termination of the contract (through the fault of the employee);
3. collective redundancies; 

The issue of collective dismissals is the most controversial. According to the jurisprudence, literature and interpretation of the provisions on special termination rules, an employer may terminate the contract of an employee on parental leave if the leave lasts at least 3 months. This means that those on shorter leaves are better protected in this specific situation. However, it should be borne in mind that in the context of collective redundancies, the employer may, irrespective of how long the leave lasts, terminate working and pay conditions (e.g. reduce salary). 

If you are in doubt about your entitlements or have received a notice of termination during your leave - please do not hesitate to contact us. We will analyse your situation and help you secure your rights. It is worth remembering that receiving a letter from your employer does not necessarily mean the end of your employment, as the law provides a specific path to challenge such a termination before the labour court. Our law firm will comprehensively handle the preparation of a professional appeal, precisely formulating the demands for reinstatement or payment of compensation. We will take care of every procedural detail, from formal verification of the reasons for dismissal to full representation in the courtroom. We will take over all the paperwork and liaison with the other side, allowing you to go through this demanding process with a sense of substantive support and confidence that the case is being handled to the highest legal standards. It is important to remember the brief, 21-day deadline to take action, we therefore encourage you to consult us immediately so that we can swiftly implement an appropriate strategy to protect your interests.