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Regulation Of The Minister Of Labour And Social Policy Of 19 September 2013 On Detailed Conditions For The Granting Of Parental Leave

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 19 września 2013 r. w sprawie szczegółowych warunków udzielania urlopu wychowawczego

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REGULATION
MINISTER OF LABOUR AND SOCIAL POLICY 1)

of 19 September 2013

on the detailed conditions for the granting of parental leave

On the basis of art. 186 6 the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. 1. 2) ) The following shall be managed:

§ 1. An application for parental leave shall be submitted to the employer in writing for two weeks before the start of the period during which the leave is intended to take effect.

§ 2. 1. An application for parental leave shall include:

1) an indication of the date of commencation and end of parental leave;

2) an indication of the period of parental leave which has so far been used for the child concerned;

3) determination of the number of part of the parental leave from which to date has been used for the child.

2. The application for parental leave shall be accompanied by a written statement from the second parent or guardian of the child in the absence of an intention to use parental leave for the period indicated in the application.

3. The statement referred to in the paragraph. 2, is not required in case of:

1) the restriction of the second parent or the deprivation of the second parent of the parental authority;

2) restrictions or exemptions from the care of the child's second caregiver;

(3) where there are insufficient obstacles to obtaining such a declaration.

4. In the event of the existence of the circumstances referred to in paragraph 1, 3, the application for parental leave shall be accompanied by:

1) the final judgment of the court to limit the second parent of the parental authority or the deprivation of the other parent of the parental authority-in the case referred to in the paragraph. 3 point 1;

2) a final judgment of the court of restriction or exemption from the custody of the second guardian of the child-in the case referred to in the paragraph. 3 point 2;

3) documents or a written statement, confirming that there are uncertain obstacles to obtaining a written declaration of the second parent or guardian of the child about the lack of intent to use the parental leave for the period indicated in the application -in the case referred to in paragraph 1. 3 point 3.

5. The application for parental leave shall also be accompanied by:

1) a written statement of the second parent or guardian of the child of the period in which he intends to use the parental leave, if the intention of the parents or guardians of the child is to use this leave simultaneously;

2) a decision on the disability or the degree of disability of the child, in the case referred to in art. 186 § 3 of the Act of 26 June 1974. -Labour Code, hereinafter referred to as the 'Labour Code'.

§ 3. 1. A child's or a child's guardian applying for an educational leave of 36 months or a request for another part of the parental leave where he has benefited from previous parts of this leave and the rate of parental leave laid down in the the requested part and the period of leave to date used for the child concerned covers a total of 36 months, including in addition a statement concerning the circumstances referred to in Article 4 (1) of the Regulation. 186 § 9 first sentence or § 10 sentence of the first Labour Code.

2. The application for parental leave shall be accompanied by:

1) the death certificate of the second parent of the child-in the case referred to in art. 186 § 9 point 1 of the Labour Code;

2) final judgment of the court on the incapacitation of the second parent, the document confirming the underage of the second parent, when the parents of the child are not married, or the final judgment of the court of determination of the paternity in which the court did not grant the father of parental authority-in the case referred to in art. 186 § 9 point 2 of the Labour Code;

3) the final judgment of the court of deprivation of the second parent of the parental authority or of its limitation or suspension-in the case referred to in art. 186 § 9 point 3 of the Labour Code;

4) a final judgment of the court of granting custody of the child to one guardian or of the release of the second guardian of the care-in the case referred to in art. 186 § 10 sentence of the first Labour Code.

§ 4. 1. The employer grants parental leave for the period indicated in the application.

2. If the application for parental leave has been submitted without the retention of the period referred to in § 1, the leave shall be granted no later than two weeks from the date of submission of the parental leave.

3. In the case of an application for parental leave after the legal action to terminate the contract of employment, the leave shall be granted for a period no longer than the date of termination of the employment contract as a result of the completion of the activity.

§ 5. An employee may withdraw an application for parental leave no later than 7 days before the start of this leave, by submitting a written statement to the employer on the matter.

§ 6. This Regulation shall enter into force on 1 October 2013. 3)

Minister of Labour and Social Policy: wz. J. Duda

1) The Minister of Labour and Social Policy heads the government administration-work, pursuant to § 1 paragraph. 2 point 1 of the Regulation of the Prime Minister of 18 November 2011 on the detailed scope of the action of the Minister of Labour and Social Policy (Dz. U. Nr. 248, pos. 1485).

2) Amendments to the text of the single law have been announced in the Dz. U. 1998 r. No. 106, pos. 668 i Nr 113, poz. 717, 1999 Nr 99, pos. 1152, of 2000 No 19, pos. 239, Nr 43, pos. 489, No. 107, pos. 1127 and No. 120, pos. 1268, 2001 No 11, pos. 84, Nr 28, pos. 301, Nr 52, pos. 538, Nr 99, pos. 1075, Nr 111, poz. 1194, No 123, pos. 1354, Nr 128, poz. 1405 and No. 154, pos. 1805, of 2002. No. 74, item. 676, No. 135, pos. 1146, No. 196, item. 1660, Nr 199, pos. 1673 and No. 200, pos. 1679, 2003 Nr 166, pos. 1608 i Nr 213, poz. 2081, 2004 Nr 96, pos. 959, Nr 99, pos. 1001, Nr 120, poz. 1252 and No. 240, pos. 2407, of 2005 Nr 10, pos. 71, Nr 68, poz. 610, Nr 86, pos. 732 and No 167, pos. 1398, of 2006. Nr 104, pos. 708 and 711, No. 133, pos. 935, Nr 217, poz. 1587 and No. 221, pos. 1615, 2007 No. 64, pos. 426, Nr. 89, pos. 589, Nr 176, pos. 1239, Nr 181, pos. 1288 and No. 225, pos. 1672, 2008 Nr 93, pos. 586, Nr 116, pos. 740, No. 223, pos. 1460 and No. 237, pos. 1654, of 2009 Nr 6, pos. 33, Nr 56, poz. 458, Nr 58, poz. 485, Nr. 98, pos. 817, Nr 99, poz. 825, No. 115, pos. 958, Nr 157, poz. 1241 and No. 219, pos. 1704, of 2010 Nr 105, pos. 655, Nr 135, poz. 912, Nr 182, poz. 1228, No 224, pos. 1459, Nr 249, poz. 1655 i No 254, pos. 1700, of 2011 No. 36, pos. 181, Nr 63, poz. 322, No 80, pos. 432, No 144, pos. 855, Nr 149, poz. 887 i No 232, pos. 1378, of 2012 items 908 and 1110 and 2013 items 2, 675, 896 and 1028.

3) This Regulation was preceded by the Regulation of the Minister of Economy, Labour and Social Policy of 16 December 2003. on the detailed conditions for the granting of parental leave (Dz. U. Nr. 230, pos. 2291), which will lose power from the date of entry into force of the Act of 26 July 2013. o Change of the Act-Labour Code (Dz. U. Entry 1028).