There will be supplementary maternity leave for parents of premature babies

The purpose of the changes is to provide better protection for parents of children born prematurely and children requiring hospitalization in the first weeks of life. In addition to the existing maternity, paternity and parental leaves, the law introduces a new institution - supplementary maternity leave.

Scope of the new leave

According to Article 180 of the Labor Code, the right to supplementary maternity leave is granted to either an employee or an employee-father raising a child. This leave is granted immediately after the end of maternity leave and includes:

1. Babies born before the end of the 28th week of pregnancy or with a birth weight of 1,000 g or less:
   
   • One week of supplementary maternity leave is granted for each week of the child's stay in the hospital until the 15th week after birth.

1. Babies born between 28 and 37 weeks of gestation, with a birth weight greater than 1,000 g:
   
   • One week of supplementary maternity leave is granted for each week of hospitalization of the child until the 8th week after birth.

1. Babies born after the 37th week of pregnancy, whose hospital stay was at least 2 consecutive days (between the 5th and 28th day after birth):
   
   • One week of supplementary maternity leave is granted for each week of hospitalization during this period.

Detailed rules

• In the case of the birth of more than one child, the weight of the child with the lowest birth weight and the period of hospitalization of the child with the longest stay in the hospital are taken into account in determining the amount of leave.
• The periods of a child's hospital stay add up, and incomplete weeks are rounded up to the nearest full week.

Application procedure

Supplemental maternity leave will be granted on a one-time basis at the request of the employee or the employee-father raising the child. The application must be submitted at least 21 days before the end of maternity leave in paper or electronic form. The application must be accompanied by:

• A certificate issued by the hospital where the child was hospitalized, including information on the period of hospitalization and details of the child's birth.
• Documents specified in the implementing regulations under Article 186a of the Labor Code.

Employee protection

Employees taking supplementary maternity leave have been granted additional protection. During the period between the request for leave and the end of the leave, the employer may not:

1. Prepare terminations or terminations of employment.
2. Terminate or dissolve the employment relationship, unless there are special reasons and the union organization agrees.

The contract may be terminated only in the event of bankruptcy or liquidation of the employer.

Foster families and adoption

The changes also extend to employees who have adopted a child for upbringing as a foster family (except for professional families) or have applied to the court for adoption. In such cases, supplementary maternity leave is granted if the child's stay in the hospital took place after adoption.

The amount of the benefit

According to the law, supplementary maternity leave will be paid at 100% of the benefit base, in accordance with the provisions of the Law on Social Insurance Cash Benefits in Case of Sickness and Maternity.

Amendments to the Labor Code introduce significant changes to support parents of premature and hospitalized babies. Supplemental maternity leave is a step toward providing better living conditions and care for vulnerable newborns.

Source: President.co.uk