Can I take maternity leave?
Yes: an employee is entitled to maternity leave after giving birth. Maternity leave is due to an employee on the birth of a child and is 20 weeks for one child (more for a multiple birth). Part of the leave (up to 6 weeks) can be taken before the birth. For the leave, a maternity benefit from ZUS is due at 100% of the assessment basis. If you file the so-called long application (within 21 days of the birth) covering parental leave too, the benefit over the whole basic period is 81.5% of the basis. Part of the maternity leave (after the mother uses at least 14 weeks) can be taken over by the father or another insured family member. During the leave the employee is protected from dismissal.
📋 The rules
- Maternity leave: 20 weeks for one child
- Up to 6 weeks can be taken before the birth
- Benefit 100% of the basis (or 81.5% with the long application)
- Part of the leave can be taken over by the father (after the mother's 14 weeks)
- During the leave, protection from dismissal
🔓 Exceptions
- Multiple birth: longer leave (e.g. 31 weeks for twins)
- Long application within 21 days of birth: benefit 81.5% throughout
- Father/insured family member taking over part of the leave
⚠️ Penalties & fines
During maternity leave the employee is specially protected — the employer as a rule can't dismiss her, and such notice would be ineffective; a breach can be challenged in the labour court. To get the benefit smoothly, you must complete the formalities on time (application, documents to the employer or ZUS) and decide on the benefit variant (100% vs 81.5% with the long application covering parental leave). Note the benefit is also due to people running a business and contractors covered by voluntary sickness insurance. To take the leave: file an application with the employer (or ZUS if self-employed), choose the timing and benefit variant, and after the birth provide the required documents (including the child's birth certificate).
📎 Official sources
❓ Frequently asked
How long is maternity leave?
For the birth of one child it's 20 weeks. For a multiple birth it's longer — e.g. 31 weeks for twins. Up to 6 weeks of leave can be taken before the expected birth date, with the rest after the child is born.
How much is the maternity benefit?
As a rule 100% of the assessment basis. But if you file the so-called long application within 21 days of the birth, covering parental leave too, the benefit over the whole basic period of parental leaves is 81.5% of the basis. The choice of variant is yours.
Can the father take over maternity leave?
Yes, in part. After the mother uses at least 14 weeks of maternity leave, the remaining part can be taken over by the child's father or another insured family member. This gives flexibility in sharing childcare between parents in the first weeks of life.
Am I protected from dismissal during maternity leave?
Yes. During maternity leave the employee enjoys special protection — the employer as a rule can't terminate the employment contract. Such notice would be ineffective, and a breach can be challenged in the labour court.
Is the benefit due for self-employment or a mandate contract?
Yes, if you're covered by sickness insurance. The maternity benefit is due not only to employees but also to people running a business and contractors who are under voluntary sickness insurance and pay contributions. The application is then filed with ZUS.
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