Labour Code amendment – longer maternity leave for parents of premature babies

On 19 March 2025, provisions amending the Labour Code regarding maternity leave came into force, which are of particular importance for parents of children born prematurely. The amendment is the legislator’s response to a significant legal loophole that existed in the previous state of the law – consisting in the failure to take into account in the construction of maternity leave the specifics of premature births and the need for hospitalisation of the newborn after birth. In practice, this led to a situation where women giving birth prematurely ‘lost’ part of their maternity leave during a period when the baby was often in an incubator and the mother had no real possibility of caring for her child.

The aim of the new regulations is to bring the labour laws more fully into line with the realities of family life and the health needs of premature babies and their parents. The project’s explanatory memorandum emphasises that preterm birth is associated with an increased risk of health complications, the need for intensive medical care and long-term convalescence, which significantly affects the psycho-physical situation of the mother and the whole family. The previous legislation did not take these circumstances sufficiently into account, treating preterm birth on a par with on-time birth – which in practice resulted in a shorter period of actual care for the child after discharge from hospital. Indeed, maternity leave began with the birth of a premature baby and could only be interrupted after eight weeks.

Recognising the need for a more flexible and fairer regulation of this issue, the legislator has introduced new provisions granting parents of premature babies the right to so-called complementary maternity leave, the length of which is to depend on the individual situation of the child – taking into account, among other things, the week of pregnancy in which the birth occurred, the birth weight of the newborn and the length of its stay in hospital. There are special arrangements for three categories of cases:

– children born before the 28th week of pregnancy or with a birth weight of less than 1,000 g;

– babies born between 28 and 37 weeks’ gestation with a birth weight of more than 1000 g;

– children born after the 37th week of pregnancy who require hospitalisation for at least two days after birth (whereby the first day of stay must be between the child’s 5th and 28th day).

Significantly, the new entitlement does not apply only to persons employed on the basis of an employment relationship – it also covers persons covered by voluntary sickness insurance, e.g. those running a business, which significantly broadens the scope of application of the amendment and responds to the contemporary realities of the labour market.

The solutions adopted allow those who will still be on basic maternity leave (or leave on maternity leave conditions) on the date the Act enters into force to also take additional leave, even if the child was born before 19 March 2025. However, it is a condition that the leave is still ongoing on that particular date and that an application for an extension of the leave is made no later than the date on which the leave ends.

The amendment to the Labour Code regarding supplementary maternity leave for mothers of children born prematurely is an example of legislation which takes into account not only system requirements, but also real social and health needs. These changes respond to long-standing demands from the circles of parents of premature babies and non-governmental organisations, which have pointed out the dysfunctionality of the current solutions and the lack of flexibility of the social security system in the case of special situations.

The introduction of the mechanism of additional leave, depending on the state of health of the child and the circumstances of its birth, should be assessed as a step towards greater individualisation of labour law and its adaptation to changing socio-demographic conditions. At the same time, these solutions strengthen the protection of parents’ rights and implement the constitutional principle of the protection of maternity, parenthood and the welfare of the child.

It is worth emphasising that effective implementation of the new regulations will require appropriate public communication, training of ZUS employees and clear interpretative guidelines to avoid doubts in the practice of applying the law. It will also be crucial to ensure an efficient application procedure and access to information for all potential beneficiaries.

attorney-at-law Marta Strzecha-Bociąga

legal assistant Julia Michalczyk