Is the mother en titled to a maternity leave after the death of a newborn baby? If not, is she due any other benefits?

YES. Pursuant to Art. 181 (1) of the Labor Code, in the event of a stillbirth or the death of a child before 8 weeks of age, employees are en titled to maternity leave of 8 weeks after giving birth, but not shorter than 7 days from the date of the child's death. In the event of the death of a child after 8 weeks of age, the employee retains the right to maternity leave for a period of 7 days from the date of the child's death. The legislator did not take into account the situation in which the death of a child may take place during the maternity leave by an employee-father raising the child and taking maternity leave. It seems that the child's father who is taking maternity leave pursuant to Art. 180 § 7, due to the death of the mother while she is on maternity leave, in the event of the child's death, she will be en titled to 7 days of maternity leave, regardless of the period in which the child will die from the date of birth. There are no grounds to assume that the child's father who takes maternity leave will be en titled to more than 7 days of maternity leave after the child's death.

The mother's right to 8 weeks of maternity leave after the child's death is guaranteed, counting this period from the day of childbirth, to regenerate the mother's strength after childbirth. It is also worth emphasizing that an employee who gave birth to more than one child at one birth is en titled in such a case to maternity leave in the amount appropriate to the number of children who are still alive. Legal basis: Labor Code (Journal of Laws of 1988 No. 21 item 94 as amended)

Remember that our expert's answer is informative and will not replace a visit to the doctor.

Przemysław Gogojewicz

Independent legal expert specializing in medical matters.

More advice from this expert

Is it possible to reimburse a private denture by the National He alth Fund? [Expert advice]Can a nurse employed by ZOL inform about a patient's death? [Expert advice] Voluntary he alth insurance for a person working abroad [Expert advice] Business activity and we have to apply for he alth insurance [Expert advice]How do I get a referral for a free PSA test?[Expert advice]I am chronically ill: can ZOL discharge me without my consent? [Expert advice]Continuation of sick leave after the end of sickness benefit [Expert advice]The gambler's husband and the protection of the family against bankruptcy [Expert's advice]The teacher and the stay in the sanatorium that ends at the beginning of the school year [Expert's advice]Renewal / issue of a new disabled parking card [Expert's advice]Stay on L4 after an accident and a sanatorium due to another disease [Expert's advice]Work during maternity and parental leave [Expert's advice] He alth insurance break: what can I do? [Expert advice]Reimbursement of a rehabilitation bed or other equipment for a stroke survivor [Expert advice]Resignation from the sanatorium due to illness and the date of the next stay [Expert's advice]Sanatorium for a person assigned to the insurance of a spouse registered in the PUP [Expert's advice]Referral to the sanatorium: can I change the place? [Expert advice]The effects of orthodontic treatment and compensation [Expert's advice]A dietetics student at the Medical University and a visit to a psychiatrist [Expert advice]The white coat syndrome and the military fitness test [Expert's tip]Vaccinations against ticks. Where can I get vaccinated for free? [Expert advice]Contract-mandate and payable L4 [Expert's advice]Contract-order for a doctor for night duty [Expert's advice]Explosion of the syringe during treatment at the dentist and compensation [Expert advice]Departure to the retiree teacher's sanatorium [Expert's advice]A teacher's trip to a sanatorium during the school year and a sick leave [Expert's advice]Alcohol related car accident and hospital compensation [Expert advice]Thrombophlebitis and the disability group and the pension [Expert's advice]Change in the job size: what is the basis for calculating maternity allowance? [Expert advice]Sick leave for a sanatorium as part of disability prevention [Expert advice]

Category: