Terminating an employment contract during parental leave (urlop wychowawczy) raises many doubts among both employees and employers. The issue concerns fundamental employee rights and the rules on employment protection in special life situations. Parental leave is one of the most important parenting entitlements, but taking it does not always mean complete job stability. Understanding the rules on giving notice during this period is essential for both parties to the employment relationship.
What termination with notice means
Termination of an employment contract with notice is a unilateral legal act that ends an existing employment relationship. It can be made by either the employee or the employer, but in different circumstances and on different terms. It takes legal effect regardless of the other party's consent, which distinguishes it from termination by mutual agreement. We prepare termination paperwork, including the employment certificate, for employers who use our HR and payroll services.
An employee may terminate an employment contract at any time, for their own reasons:
- finding a better job
- changing industry or professional profile
- the need to move house
- personal or family reasons
- starting a business
- continuing education or professional development
The employer, on the other hand, must have justified reasons for termination and must state the reason in its notice – for open-ended contracts and, since 26 April 2023, also for fixed-term contracts (Article 30 § 4 of the Labour Code (Kodeks pracy)).
Notice periods for employment contracts are governed by detailed provisions of the Labour Code. The length of the period depends mainly on the length of employment with the given employer and on the type of contract concluded. The longer the employment with the employer, the longer the notice period the employee is entitled to
| Length of employment | Notice period |
|---|---|
| Less than 6 months | 2 weeks |
| At least 6 months | 1 month |
| At least 3 years | 3 months |
The notice period cannot be longer than the statutory periods, but it can be shortened or waived entirely if the employee and the employer both agree. In some cases, the employer has a separate right to shorten the notice period without needing the employee's consent.
Notice should be given in writing (Article 30 § 3 of the Labour Code). A written document is also the simplest proof that notice was given and of its date, so it is better to avoid giving notice orally. The notice should contain a clear declaration of intent to terminate the contract, the date on which it is given and an indication of the period after which the contract will end.
Parental leave explained
Parental leave (urlop wychowawczy) is one of the parenthood-related types of leave and one of the most important employee rights for balancing work and family life. It is available to an employee who has been employed for at least six months (previous periods of employment count), and it lasts up to thirty-six months (Article 186 § 1–2 of the Labour Code). It must be used to provide personal care for a child, which is its basic purpose and justification.
Apart from the six-month employment requirement, the right to parental leave does not depend on the type of employment contract. Employees on both fixed-term and open-ended contracts are entitled to it. The 36 months are available to both parents jointly, and each parent has an exclusive right to one month that cannot be transferred to the other parent (Article 186 § 3¹–4). Otherwise, parents share the leave according to their own arrangements and the family's needs.
Practical example: The Kowalski family has two children – 2-year-old Marek and 6-month-old Ania. Mrs Kowalska is taking parental leave for Ania and plans to use 24 months. Mr Kowalski can use the remaining 12 months of parental leave for Ania, at the latest by the end of the calendar year in which Ania turns 6. A separate leave entitlement is available for Marek.
Taking parental leave, which is unpaid leave, means losing income from employment, but it is not treated as losing employment or other paid work. People on parental leave can rely on state support in the form of a childcare supplement
The childcare supplement for the period of parental leave is a supplement to the family allowance. Entitlement to it depends on the family's income, in accordance with the Act on Family Benefits. The benefit is intended to partly compensate for the income lost by giving up work to care for the child.
Parental leave can be used at the latest by the end of the calendar year in which the child turns six. If, because of a health condition confirmed by a disability certificate or a certificate of the degree of disability, the child requires personal care, an additional parental leave of up to 36 months may be granted, at the longest until the child turns eighteen (Article 186 § 2–3). This flexibility allows parents to adjust the leave to their family's individual needs.
Rules on termination during different types of leave
An employee may terminate an employment contract at any time, even while on annual leave or sick leave. This rule stems from the employee's fundamental freedom to decide about their employment. It is important, however, that the notice is clearly communicated to the employer, which is why it should be given in writing.
An employee on annual leave, sick leave or another type of excused absence keeps the full right to terminate the contract. It does not matter whether the leave lasts one day or several weeks – the employee can decide to end the employment relationship at any moment.
Types of leave and whether the employee can give notice:
- Annual leave – notice possible
- Maternity leave – notice possible
- Parental leave (urlop wychowawczy) – notice possible
- Unpaid leave – notice possible
- Sick leave – notice possible
- Special leave (urlop okolicznościowy) – notice possible
The employee's freedom to give notice does not apply to the employer. The employer may not terminate an employment contract with notice while the employee is on leave or is absent from work for another excused reason
The restrictions on the employer follow from Article 41 of the Labour Code, which is a protective provision for employees. The employer may not terminate an employment contract with notice during the employee's leave or during another excused absence from work, unless the period entitling the employer to terminate the contract without notice has already expired.
This asymmetry of rights is based on the assumption that the employee, as the weaker party to the employment relationship, should have more freedom to decide about their employment. The employer, having greater economic power, is subject to restrictions intended to protect the employee from exploitation of a difficult situation.
Termination by an employee on parental leave
An employee may terminate their employment contract while on parental leave, regardless of how long they have already been on leave. The same rule applies as during annual leave or sick leave – the employee can always decide to end the employment relationship.
Procedure for giving notice during parental leave:
- Preparing a written notice of termination
- Signing and dating the document
- Delivering the notice to the employer (in person, through a third party or by post)
- Keeping proof of delivery of the notice
- Waiting for the notice period to expire
- Settling up with the employer on the last day of work
If the employee gives notice while on parental leave, the contract will end when the statutory notice period expires (Article 32 § 2 of the Labour Code). Giving notice does not in itself interrupt the leave – as a rule, the employee remains on parental leave during the notice period, and the leave ends together with the employment relationship, which is often much earlier than originally planned. Returning to work earlier requires giving up the leave: with the employer's consent or after notifying the employer at least 30 days before the return (Article 186³). The position of parents who have already returned from leave is discussed in our article on dismissal after parental leave.
Practical scenario: Ms Nowak has been on parental leave for 18 months. She has received an attractive job offer from another company. She gives notice with a 3-month notice period. This means that after 21 months of leave the employment relationship, and with it the parental leave, will end. During the notice period Ms Nowak is still on leave and does not have to return to work, unless the leave granted to her ends earlier or she gives it up herself. The parties may also agree on an earlier termination date (Article 36 § 6).
An employee who has been on parental leave for four months and gives notice with a one-month notice period will lose the right to parental leave on the last day of the notice period. The remaining leave cannot be used with the current employer
If the parental leave granted ends before the notice period expires, the employee as a rule has to return to work for the rest of that period. For example, if an employee has been on leave for thirty-four months, the leave granted ends after thirty-five months, and the employee gives notice with a three-month notice period, they will have to work for another two months. This is because one parent can, as a rule, use at most thirty-five of the thirty-six months of leave – one month is reserved exclusively for the other parent (Article 186 § 4).
An employee giving notice during parental leave should think carefully about the consequences of their decision. Losing the right to parental leave also means losing the right to the childcare supplement, which can significantly affect the family's financial situation.
Restrictions on termination by the employer
The employer may not terminate the employment contract of an employee who is on parental leave. This prohibition follows primarily from Article 186⁸ of the Labour Code and, more generally, also from Article 41. The protection cannot be excluded by a contractual clause, but it does not rule out termination of the contract by mutual agreement.
Under labour law, the employer may not terminate the employment contract, with or without notice, from the day on which an employee entitled to parental leave submits an application for parental leave until the day the leave ends. The protection also covers the period from submitting an application for reduced working hours until the return to the full working hours, but for no longer than a total of 12 months (Article 186⁸ § 1 point 2).
Scope of protection against termination by the employer:
- The period from submitting the application for parental leave
- The entire period of parental leave
- The period of reduced working hours (a maximum of 12 months in total)
- 21 days before the planned start of the leave (if the application was submitted earlier)
The prohibition on the employer terminating employment contracts starts to apply twenty-one days before the start of parental leave if the employee submitted the application more than twenty-one days before the planned start of the leave
Protection against termination is intended to give employees job security while they are using their parental rights. Parents have the right to care for their child in peace, without worrying about losing their job. This protection is particularly important given that people on parental leave are often in a difficult financial situation.
Notice given in breach of the prohibition is defective, but the employee must challenge it – an appeal is filed with the labour court within 21 days of the notice being delivered (Article 264 § 1). The employee may demand that the notice be declared ineffective or, if the contract has already ended, reinstatement on the previous terms or compensation (Article 45 § 1). After reinstatement, the employee is entitled to remuneration for the entire period of unemployment (Article 47).
Exceptions to the prohibition on termination by the employer
The current rules provide important exceptions that allow the employer to terminate the employment contract of an employee on parental leave. These exceptions are narrow and concern extraordinary situations in which job protection has to give way to other considerations.
Situations in which the employer may terminate the contract:
- Declaration of the employer's bankruptcy
- Liquidation of the employer
- Grounds justifying termination without notice due to the employee's fault
The first exception concerns the declaration of the employer's bankruptcy. In bankruptcy proceedings, the trustee or administrator may terminate the employment contracts of all employees, regardless of whether they are on leave or working. This is because, when the employer is declared bankrupt or liquidated, the special provisions protecting employees against termination do not apply (Article 41¹ § 1 and Article 186⁸ § 2 of the Labour Code).
The second exception concerns liquidation of the employer. Liquidation means that the employer definitively ends its business activity. In such a situation, employment relationships cannot continue, because the employer ceases to exist as a business entity
| Situation | Termination possible | Legal basis |
|---|---|---|
| Employer's bankruptcy | Yes | Article 186⁸ § 2 and Article 41¹ of the Labour Code |
| Liquidation of the employer | Yes | Article 186⁸ § 2 and Article 41¹ of the Labour Code |
| Serious breach of duties | Yes (termination without notice) | Article 52 of the Labour Code |
| Ordinary termination with notice | No | Article 186⁸ § 1 of the Labour Code |
The third exception concerns situations in which there are grounds for terminating the employment contract without notice due to the employee's fault. This means that if the employee has committed a serious breach of basic employee duties, the employer may terminate the contract without notice (Article 52) even during parental leave. The employer must, however, prove that the breach was serious enough to justify immediate termination of the contract.
Outside the Labour Code, termination of an employee on parental leave is allowed by the Act on Collective Redundancies (consolidated text, Journal of Laws (Dz.U.) 2026, item 1195): in collective redundancies (Article 5(1)) and – at an employer with at least 20 employees – in individual redundancies for reasons not attributable to employees, provided the company trade union does not object within 14 days (Article 10(1)–(2); as held by the Supreme Court in its resolution of 15 February 2006, II PZP 13/05).
It is important to distinguish between liquidation of the employer and liquidation in connection with the transfer of the workplace to another employer. If the liquidation takes place in connection with the transfer of all or part of the workplace to another employer that continues the business or starts a similar business, the employees remain protected against termination.
Procedure for giving notice during parental leave
An employee on parental leave who wants to give notice must follow a certain procedure. First of all, notice should be given in writing, which follows from the general rules on terminating employment contracts (Article 30 § 3). Oral notice is easy to challenge, and its date is difficult to prove.
The detailed process of giving notice:
-
Preparing the notice document
- Drafting a written statement
- Stating the date of the notice
- Signing the document by the employee
-
Choosing the method of delivery
- Personal delivery at the employer's premises
- Delivery through a third party
- Sending by registered letter with acknowledgement of receipt
-
Documenting the delivery
- Obtaining an acknowledgement of receipt
- Keeping proof of posting
- Making a note of the circumstances of delivery
-
Waiting for the notice period to expire
- Calculating the exact end date of the contract
- Preparing for a possible return to work
- Arranging childcare during the notice period
The notice should contain the employee's clear declaration of intent to terminate the employment contract. It is not necessary to give the reasons for the notice, although the employee may do so if they wish. The document should be dated and signed by the employee giving notice. The same formal requirements apply to fixed-term contracts, which we cover in terminating a fixed-term employment contract.
Sample wording of the notice: "I hereby give notice of termination of the employment contract concluded on [date] for the position of [job title]. I give notice subject to the notice period provided for in the Labour Code. Please confirm receipt of this notice in writing."
A notice period counted in weeks ends on a Saturday, and one counted in months ends on the last day of a month (Article 30 § 2¹ of the Labour Code). So if one-month or three-month notice was delivered to the employer during the month, the notice period runs from the first day of the following month. Determining exactly when the notice was delivered is essential for calculating the termination date
The employee should keep a copy of the notice and proof of its delivery. This may be a copy with an acknowledgement of receipt, a receipt or proof of posting of a registered letter. These documents may be needed in the event of disputes about the date of the notice or its content.
After receiving the notice, the employer should confirm receipt. Although this is not a legal obligation, it is good practice that prevents disputes. The employer may also inform the employee about the consequences of giving notice, in particular the loss of the right to continue parental leave.
Legal and financial consequences of giving notice
Giving notice during parental leave has a number of legal and financial consequences that the employee should consider carefully before making a decision. The most important consequence is the loss of the right to continue parental leave with the current employer.
Main consequences of giving notice during parental leave:
- Loss of the right to continue parental leave
- Loss of the right to the childcare supplement
- Obligation to return to work if the leave granted ends before the notice period expires
- The need to arrange childcare
- Loss of the right to return to the previous position
- Possible consequences for other employee entitlements
Losing the right to parental leave also means losing the right to the childcare supplement for the period of parental leave. This benefit is paid only to people who are actually on parental leave, so the end of the leave automatically ends the right to the supplement.
| Consequence | When it occurs | How to mitigate it |
|---|---|---|
| Loss of parental leave | On the date the contract ends | Negotiating with the employer |
| Loss of the childcare supplement | On the date the leave ends | Checking other benefits |
| Childcare costs | After returning to work or starting a new job | Budget planning |
| Loss of job stability | Immediately | Securing new employment |
The employer may not unilaterally call the employee back from parental leave for the notice period (it may only summon the employee to work if the employee has permanently stopped providing personal care for the child – Article 186² § 2). A return to work during the notice period will, however, be necessary if the leave granted ends earlier than that period – childcare then has to be arranged, which may involve additional costs. The employee should take these costs into account when deciding to give notice.
An employee who gave notice during parental leave also loses the right to return to their previous position after the leave ends. The employment contract is terminated, so there is no legal basis for continuing employment with the current employer
If the employee finds a new job, they can apply for parental leave with the new employer, but only for the remaining period. If they have already used twenty months of parental leave with the previous employer, they can, as a rule, use fifteen of the remaining sixteen months themselves, because one month is reserved exclusively for the other parent. Previous periods of employment count towards the six months of employment required with the new employer (Article 186 § 1).
Terminating the employment contract may also affect other employee entitlements, such as the right to severance pay or acquiring pension rights. The employee should consult the HR department or a lawyer to fully understand the consequences of their decision.
Practical aspects of giving notice during parental leave
In practice, giving notice during parental leave is most often linked to a new, attractive job offer. The employee may be offered a job on better financial terms or in an industry that suits them better. In such a situation, they have to decide whether the benefits of the new job outweigh the losses involved in ending parental leave.
The most common reasons for giving notice during parental leave:
- Receiving an attractive job offer
- Family financial difficulties
- A change in personal or family circumstances
- Being able to arrange childcare in another way
- Dissatisfaction with the current employer
- Wanting to change industry or professional profile
Another reason may be a change in family or personal circumstances. The employee may decide that they no longer need to use the full parental leave, for example because childcare can be arranged in another way. This may be a place at a nursery, help from family or other circumstances.
Case study: Mr Kowalski has been on parental leave for 8 months. His wife is finishing her studies and can take over childcare. At the same time, he receives a job offer for a managerial position with a salary 50% higher than before. He decides to give notice, calculating that the financial benefits outweigh the loss of the remaining 27 months of parental leave that he could have used with his current employer (one of the 36 months is reserved exclusively for his wife).
Some employees decide to give notice for financial reasons. The childcare supplement may not be enough to cover the family's living costs, especially if the other parent does not work or has a low income. Returning to work may be an economic necessity.
Before giving notice, the employee should carefully calculate the financial consequences of the decision. This includes the loss of the childcare supplement, childcare costs during the notice period and potential income from the new job
The employee should also consider shortening the notice period by agreement with the employer. If both parties agree, the notice period can be shortened or waived entirely. This allows the new job to start sooner (Article 36 § 6).
It is also important to check whether the new employer is willing to wait until the notice period ends. Some employers may withdraw a job offer if the candidate cannot start immediately. In such a situation, the employee may end up in a difficult position, losing both the parental leave and the new job.
Protection against discrimination
Employees on parental leave are specially protected against discrimination on the grounds of using their parental rights. Discrimination can take various forms, from direct termination of the contract to creating conditions that force the employee to resign.
Forms of discrimination during parental leave:
- Direct termination of the contract (prohibited)
- Putting pressure on the employee to resign
- Threats concerning future employment
- Refusing a return to the previous position
- Worse working conditions after returning from leave
- Being passed over for promotions and pay rises
The employer may not put pressure on the employee to give up parental leave or to resign. Any action aimed at forcing the employee to end parental leave may be regarded as discrimination and may result in the employer's legal liability.
An employee who experiences discrimination because of taking parental leave may assert their rights before the labour court. They may claim compensation, damages for non-material harm and other benefits provided for by law. Discrimination may also be grounds for a complaint to PIP (National Labour Inspectorate).
Protection against discrimination covers not only the period of parental leave itself but also the period after returning to work. The employer may not treat the employee differently because they took parental leave
Discrimination may take the form of less favourable treatment in promotions, pay rises, allocation of tasks or performance assessment. The employee has the right to equal treatment regardless of whether they have used their parental rights. Any differences in treatment must be justified by objective criteria related to the work performed.
Alternatives to giving notice
Before deciding to give notice during parental leave, the employee should consider alternative solutions that may better suit their needs. One option is to shorten the parental leave and return to work with the current employer earlier.
Available alternatives to giving notice:
-
Shortening parental leave
- An earlier return to full-time work
- Keeping continuity of employment
- The option of using the remaining leave in the future
-
Reducing working hours
- Part-time work
- Combining work duties with childcare
- Keeping part of the income from work
-
Using the leave in parts
- A break in the leave and a return to work
- Using the remaining part of the leave again later
- More flexibility in planning
-
Negotiating with the employer
- Flexible forms of employment
- Remote or hybrid work
- Flexible working hours
The employee may also consider working part-time. Instead of taking full parental leave, they can apply for reduced working hours. This makes it possible to combine work duties with childcare and can be a compromise between full leave and full-time employment.
Another option is to use parental leave in parts. The employee may interrupt the leave, return to work for some time and then use the remaining part of the leave again. Leave can be given up at any time with the employer's consent and, without it, after notifying the employer at least 30 days before returning to work (Article 186³). Parental leave is granted in no more than 5 parts (Article 186 § 8).
The employee may also consider negotiating flexible forms of employment with the employer. This may be remote work, flexible working hours or other solutions that allow work duties to be combined with parental duties
| Alternative | Advantages | Disadvantages |
|---|---|---|
| Shortening the leave | Continuity of employment | Less time caring for the child |
| Part-time work | Combining work with childcare | Lower pay |
| Leave in parts | Flexibility | No more than 5 parts; returning without the employer's consent requires 30 days' notice |
| Flexible forms of work | Better work-life balance | Not always possible |
It is also worth checking whether a transfer to another position or another organisational unit of the employer is possible. Sometimes a change in duties or place of work can solve the problems that made the employee consider giving notice.
Before making a final decision, it is worth consulting the HR department, trade unions or a lawyer specialising in labour law. Professional advice can help find the best solution for a specific situation.
