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 GogojewiczIndependent legal expert specializing in medical matters.
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