Assumptions for the bill implementing the work-life balance directive

It should be remembered that the work-life balance Directive imposes an obligation on EU Member States, including Poland, to adopt provisions amending labour law, in particular the Labour Code. The purpose of the changes is on the one hand - helping professionally active parents to reconcile family and professional responsibilities, and on the other - achieving equality of women and men in terms of opportunities in the labour market and treatment at work, as well as counteracting the phenomenon of limiting the economic activity of women. The time for the implementation of the work-life balance Directive is August 2, 2022. This means that the draft act should enter into force on that date at the latest.

Below we present the most important points of the government's assumptions regarding the upcoming changes in the labour law.

1. Extension of parental leave

The work-life balance directive obligated EU Member States to provide employees with the right to parental leave of at least 4 months, which can be used by each parent until the child reaches the age of 8. At the same time, at least 2 months of parental leave cannot be transferred to the other parent. In other words, each parent should use at least 2 months of parental leave, otherwise the indicated period of leave is forfeited.

The Polish legislator intends to implement the above assumptions of the Work-Life Balance Directive by extending the parental leave by 9 weeks, i.e. from 32 weeks to 41 weeks - in the case of giving birth to one child, and from 34 weeks to 43 weeks - in the case of multiple births. However, this additional 9 weeks of parental leave cannot be transferred to the other parent.

The amount of maternity allowance for the period of parental leave will also change as follows:

1. maternity allowance for the entire period of parental leave will amount to 70% of the calculation basis (currently it is 100% of the calculation basis for the first 6 weeks, and for the next 26 or 28 weeks - 60% of the calculation basis),
2. if an employee submits an application for parental leave no later than 21 days after childbirth, the amount of the maternity allowance for the period of maternity and parental leave will be 81.5% of the calculation basis (currently 80% of the calculation basis);
3. in any case, the employee (usually the child's father) will be entitled to an allowance of 70% of the calculation basis for the non-transferable 9-week part of the parental leave.

The last change in the scope of parental leave is the independence of the right to parental leave from the fact that the child's mother remains in employment (insurance) on the day of childbirth.

2. Carer's leave - a new type of leave

The planned amendment will introduce a new type of leave, i.e. carers' leave. The employee will be able to use it to provide personal care or support to a relative (e.g. son, daughter, mother, father, spouse) or someone in a shared household who requires significant care or support for serious medical reasons. The duration of the leave will be 5 days in a calendar year. The carer's leave will be unpaid leave, which means that during its period, the employee does not retain the right to remuneration and is not entitled to any additional allowance for taking this leave.

3. Dismissal from work due to force majeure

The Labor Code will also introduce dismissal from work due to force majeure. The dismissal will be granted in urgent family matters caused by illness or accident, if the immediate presence of the employee is necessary. The length of the leave will be 2 days or 16 hours in a calendar year. For the duration of the leave, the employee will retain the right to 50% of the remuneration calculated as the remuneration for the holiday leave. This means that the costs of dismissal due to force majeure will be borne by the employers.

4. Flexible work organization

The work-life balance directive imposes an obligation on EU Member States to ensure that employees with children under the age of 8 and their carers have the right to apply to the employer for flexible work organization in order to provide care. The Polish legislator intends to implement the above-mentioned postulate by enabling employees to submit an application for flexible work organization consisting of:

1. telework,
2. flexible working time schedules (flexible, individual and interrupted working time),
3. part-time work.

The right to submit such an application will be granted to parents caring for a child up to 8 years of age and to guardians, i.e. persons providing care or support to a relative or person living in the same household who require significant care or support for serious medical reasons. The employer will not be bound by the employee's application, however, its rejection will require the employer to provide a written justification.

5. Changes in paternity leave

Another planned change is the shortening of the period during which it will be possible for the employee - the father raising the child, to take paternity leave. Currently, the employee can use this leave within 24 months from the date of the child's birth. Due to the fact that the work-life balance Directive strictly links the right to paternity leave with the birth of a child, the period during which it is possible to exercise this right will be reduced to 12 months from the date of the child's birth.

6. Guarantee and anti-discrimination provisions

In addition, the legislator intends to introduce a number of provisions aimed at ensuring the correct implementation of the provisions adopted in order to implement the Work-Life Balance Directive and prohibiting unfavourable treatment of employees due to exercising the powers provided for by this Directive. These provisions, in particular:

1. introduce protection of employees against any unfavourable treatment by the employer or negative consequences due to the use of the employee's rights,
2. establish a ban on preparing for dismissal of employees during pregnancy and during maternity leave, as well as due to submitting a request for flexible work organization until the end of work under the flexible working time organization,
3. will contain a regulation regarding the burden of proof, consisting in the fact that in the event of a breach of equal treatment in employment in matters falling within the scope of the work-life
   balance Directive, the burden of proof will rest with the employer, and the employee will only have to substantiate that a specific breach has occurred.

Please contact us if you need professional legal advice in the field of labour law.

Downloads

• PKF Alert - Assumptions for the bill implementing the work-life balance directive.pdf [PDF]