An employee's return to work following an extended period of parental leave presents significant challenges for both the employee and the employer. The Labour Code affords returning employees protection and grants them additional rights designed to facilitate a seamless transition back to the workplace, thereby imposing a range of corresponding obligations on employers.

Above all, regulations oblige employers to allow employees to return to their previous positions after parental leave ends. This obligation applies in circumstances where an employee returns to work following:

- maternity leave,

- leave on the terms and conditions of maternity leave,

- supplementary maternity leave,

- paternity leave,

- parental leave, and also

- childcare leave.

The hiring of a replacement employee during the employee’s period of absence does not affect this obligation. Where reinstatement to the position held prior to the leave is not possible (e.g. due to organisational restructuring or the elimination of that position during the leave), the employer may assign the employee to an equivalent position on the same or better terms and conditions as those that would have applied had the employee not taken the leave. An equivalent position is characterised by remuneration at the same level as before the leave, a comparable position within the organisational structure with similar promotion prospects, and due regard for the employee's qualifications. The employer may unilaterally reassign an employee to an equivalent position and an employee's refusal to assume the position may constitute a serious breach of fundamental employment obligations.

In the absence of both the previous position and an equivalent position, the employer may offer the employee an alternative position commensurate with their education, professional experience and qualifications. It should be noted that the assignment of a returning employee to a position other than their previous one may constitute discrimination on the grounds of parenthood where the employer objectively had the capacity to reinstate the employee to their previous position, or where the employer fails to guarantee the same or better terms and conditions as those applicable to an equivalent position.

Terminating an employment contract may only be permissible where the employer does not have available a position meeting the foregoing criteria. In such circumstances, where the employment is terminated for reasons not attributable to the employee, the employer is required to pay severance. The severance pay is calculated on the basis of the remuneration to which the employee would have been entitled after their leave ends, inclusive of any pay increases implemented during the period of absence.

The admissibility of termination is subject to the following conditions:

1. Actual elimination of the position – the employee's hitherto position must have genuinely ceased to exist, and the associated duties must not have been assumed by other persons.
2. Absence of transfer possibilities – the employer must not have available, objectively, an equivalent or alternative position to which the returning employee could be transferred that corresponds to their qualifications, education and professional experience.

Entitlement to pay increases accrued during the period of absence

After the parental leave ends, the returning employee is entitled to remuneration reflecting all salary increases implemented during the period of absence, whether such increases were applied to the employee's position, to comparable positions, or to all employees within the organisation.

By way of illustration, where an employee commenced maternity leave in January 2025 with a salary of PLN 8,000, and in July 2025 the employer subsequently increased the salary of employees in the same position by PLN 1,000, the employee will be entitled to remuneration of PLN 9,000 when they return to work.

The question arises as to how the returning employee's entitlement should be determined where salary increases were granted selectively to certain employees on the basis of task completion or performance outcomes. In such circumstances, the employer may adjust the employee's remuneration based on the knowledge of the employee’s performance prior to the commencement of leave, or alternatively, apply the average salary increase applicable to the relevant job category.

The refusal to grant a salary increase may constitute discrimination on the grounds of parenthood. In such circumstances, the employer is required to demonstrate that the refusal to grant the increase was attributable to objective factors unrelated to the exercise of parental rights. Where an employee receives remuneration substantially lower than that of other employees occupying comparable positions, notwithstanding that the employee did not significantly differ in qualifications, education or seniority from such persons and carried out equivalent duties prior to the commencement of leave, and the employer fails to adduce objective reasons for the disparity in remuneration, the employee may pursue a claim for compensation on the basis of discriminatory treatment in respect of remuneration terms.

Considering the foregoing obligations, employers should consider the following matters when an employee returns from parental leave:

1. Verify pre-leave remuneration – ascertain the basic remuneration and any additional benefits to which the employee was entitled prior to commencing the leave
2. Review salary increases and modifications – determine whether any salary increases or additional benefits were implemented during the period of leave that would apply to the employee.
3. Prepare a remuneration proposal – incorporating applicable salary increases and any modifications to the employee's position
4. Document changes – prepare an annex to the employment contract [reflecting the applicable terms and conditions].

Annual leave immediately after parental leave

An employee whose parental leave is ending may elect not to return to work immediately, but rather to utilise their accrued annual leave. The employer is bound by such request and is obliged to grant annual leave immediately after the parental leave ends. The employee decides on the number of days of leave to be taken. During the period of annual leave taken immediately following parental leave, the employee is afforded the same protection as would apply upon return from parental leave. The employer remains obliged to reinstate the employee to their previous position. However, even when there is a short interval between the end of parental leave and the commencement of annual leave during which the employee returns to work, the employer may decline to grant annual leave on the dates specified by the employee.

Reduced working hours as a form of protection

After parental leave ends, an employee may request a reduction in working hours, to no less than half of full-time working hours. The employer is required to allow such a request. This entitlement affords the employee significant protection, as it safeguards their employment relationship against termination. Such protection commences upon submission of the request (no earlier than 21 days prior to the intended commencement of reduced working hours) and continues until the employee resumes full-time working hours, subject to a maximum duration of 12 months. After this period expires, the employee may continue to work reduced hours, but without the additional protection against dismissal.

The employee's circumstances change in the event of the employer's bankruptcy or liquidation. In such circumstances, the employer may terminate the employment contract of an employee who has requested reduced working hours. Such protection does not extend to disciplinary dismissal. Furthermore, the provisions of the Act on Special Rules for Terminating Employment Relationships with Employees for Reasons Not Relating to Employees[1] permit the termination of employment contracts with such employees, whether by way of collective redundancies or individual redundancies for reasons not attributable to the employees (e.g. elimination of a position or reduction of headcount). What is important is that termination pursuant to individual redundancy provisions is permissible; however, where a trade union operates at the employer's establishment, such termination is contingent upon the trade union organisation not raising an objection within 14 days of receipt of notification of the intended termination.

Additional rights upon return

Among the rights afforded to employees returning to work following parental leave is the entitlement to breaks for feeding a child. The number of such breaks is determined by reference to the employee's daily working time. Where an employee works fewer than four hours per day, no such entitlement arises. Employees whose daily working time exceeds four hours but does not exceed six hours are entitled to one feeding break per day. Employees engaged on a full-time basis are entitled to two feeding breaks. Shorter half hour breaks are granted for feeding one child, whereas longer breaks of 45 minutes are granted where the employee is feeding more than one child.

The applicable regulations do not prescribe an upper age limit for children in respect of whom feeding breaks may be claimed. Where reasonable doubt arises as to whether an employee is exercising this entitlement in accordance with its intended purpose (e.g. where an employee exercises her right to breastfeed, despite the child having reached a mature and independent age), the employer may request the employee to furnish a current medical certificate confirming the continued necessity of such breaks.

The question arises as to whether this entitlement is available exclusively to female employees.

According to the literal wording of the Labour Code, the right to breaks during working hours, which are counted as working time, is conferred specifically upon employees who are breastfeeding. However, in accordance with the Court of Justice of the European Union (CJEU) caselaw [2], both the father and the mother may dedicate their time to feeding the child. The CJEU has held that such breaks are granted to employees in their capacity as parents and cannot be regarded as a measure directed solely at protecting the biological condition of women in the post-pregnancy period or the preservation of the special relationship between mother and child. The feeding of, and time spent with the child, may be undertaken by either parent, and national provisions that deny employees who are fathers the entitlement to feeding breaks constitute a violation of the Directive on equal treatment of men and women in respect of employment conditions.

Flexible working arrangements for parents

Employees returning to work following parental leave are also entitled to benefit from various flexible working arrangements. This entitlement continues until the child reaches the age of eight [years], and the employee may elect to utilise any of the following:

- remote work (full-time);

- intermittent working time (with no more than one break per day lasting no longer than five  hours);

- a reduced working week system (e.g. 10 hours a day for four days a week);

- a weekend work system (work only on Fridays, Saturdays, Sundays and public holidays with extended daily working hours of up to 12 hours);

- flexible working hours (different start times);

- individual working time schedule;

- reduction of working time.

The employer is not unconditionally bound to agree to an employee's request for flexible working hours. When considering such a request, the employer must have regard to both the needs of the employee submitting the request and its own operational requirements, including the need to ensure the orderly conduct of work. In all cases, the employer must notify the employee of its decision within seven days of receipt of the request. Where the request is declined, the employer must also state the grounds for such refusal. All communications between the parties pertaining to flexible working arrangements may be effected in either paper or electronic form and do not necessitate an annex to the employment contract.

Summary

An employee's return to work following parental leave obliges employers to exercise due diligence in complying with applicable regulations and preparing the organisation accordingly. In the first instance, employers are obliged to reinstate employees to their previous positions, and where this is not possible, to assign them to an equivalent position or an alternative position commensurate with their professional qualifications. Employers are also obliged to guarantee remuneration reflecting all salary increases implemented during the period of absence; failure to do so may give rise to claims of discrimination on the grounds of parenthood. Returning employees are afforded a range of additional entitlements, including: the option to take annual leave immediately following the conclusion of parental leave; the entitlement to reduced working hours with protection against dismissal for a maximum period of 12 months; breaks to feed a child; and access to flexible working arrangements until the child reaches the age of eight years.

[1] Act of 13 March 2003 on special rules for terminating employment relationships with employees for reasons not related to the employees (i.e. Journal of Laws of 2025, item 570).

[2] Judgment of the Court of Justice of 19 September 2013, C-5/12, MARC BETRIU MONTULL v. INSTITUTO NACIONAL DE LA SEGURIDAD SOCIAL (INSS), ZOTSiS 2013, No. 9, item I-571.

Magdalena Solarska