Marriage & divorce

For better or worse, marriage entitles an employee to two days of paid leave. 

I realize that some of my colleagues may consider divorce an equally joyous event, but the law doesn't entitle anyone to time off in this case. If you want to celebrate, however, it will have to be on your own time and not at the expense of your employer.

Childbirth

A female employee who gives birth to her first child is entitled to 18 weeks of paid maternity leave, and 20 weeks with respect to each subsequent birth. In the case of a multiple birth (twins, triplets...), the amount of paid leave is extended to 28 weeks.

Notice how I said the female employee is entitled to maternity leave, as opposed to "the parent?" In this instance the law is not gender neutral. A father is only entitled to take paid (maternity) leave in the event of the mother's death or incapacity.

A female employee may, at her option, return to work up to four weeks early and assign this portion of her maternity leave to the father, but again this is entirely up to the discretion of the mother. A male employee is entitled to two days of paid leave at the time of a child's birth. 

Up until the child reaches 14 years of age, an employee is entitled to take an additional two days of paid leave per year for child-rearing purposes.

Death

In the case of a death, an employee is entitled to take up to two days of paid leave, depending on the employee's relationship with the deceased. An employee is entitled to two days paid leave upon the death of his or her spouse, child or parent.

Paid leave is reduced to one day in the event of the death of an employee's sister, brother, grandparent or in-law. Whoever wrote this law must have had issues with his mother-in-law. If and when my mother-in-law passes away, I know my wife will drag me halfway across the country for at least a week to attend the funeral, despite being paid for only one day by my employer.

Even in death, my mother-in-law is going to cost me. I think this law should be changed to give her equal treatment.

In the case of an employee's death, whether work-related or not, the employer is required to pay the family of the deceased up to six months of the employee's salary, depending on the length of employment.

Vacations and holidays

An employee with at least 10 years of work experience is entitled to 26 days of paid annual leave.

An employee with less than 10 years experience is entitled to 20 days. In using his or her annual leave, an employee is required and an employer obligated to ensure that such time off includes at least one consecutive 14-day term. 

Paid vacation time is in addition to paid holidays, which to date amounts to another 12 days per year, including All Saints' Day (November 1), Corpus Christi, Pentecost, Christmas and Assumption of the Virgin Mary (August 15), among others.

A non-Christian employee wishing to celebrate a different religious holiday is similarly entitled to take such day(s) off in consultation with the employer. Valentine's Day and, for that matter Women's Day, although celebrated in Poland, are not recognized as national holidays, meaning that they are treated as normal work days... sorry.

Paul Fogo is a senior attorney with Miller Canfield W. Babicki A. Chelchowski & Partners.

fogo@pl.millercanfield.com