Two days off can be used once, one after the other or on any two dates. This right applies to both employees: mother and dad, which means that together, the child's parents cannot take more than two days off.
If one parent makes use of the right to days off for the child, the other cannot exercise it. Parents can share a holiday with each other (one day for each). The number of days does not increase with the number of children.Parents on two days off (in the form of special leave) retain the right to remuneration.
On the day of completing their 14th birthday, parents lose the right to two days off. This means that if a child turns 14 on February 22, two days off must be used from January to February 21.
Unused days off for a child do not pass to the next year. If the employee does not use them, they are forfeited.
When can I take my child's leave?
According to art. 1542 kp, leave is granted for days which are working days for the employee (regardless of whether it is the middle of the week or weekend), in accordance with the working time schedule in force, in the hourly dimension, corresponding to the daily working time on a given day (i.e. 4, 6, 8 or even 12 hours).
In addition, there is a rule that only one parent may take a child's leave on the same day. In one day, parents cannot take a day off for a child.
Who are entitled to days off?
Days off for a child are entitled to persons employed under an employment contract (regardless of its size, also for a trial period), appointment, selection, appointment, cooperative employment contract. This right is not granted to persons working under civil law contracts (contracts for specific work and employment). The right to dismiss from work for a period of two days can also be exercised if only one parent is working and the other is "sitting" at home.
Holidays are available not only to biological parents, but also to adoptive parents, foster parents, legal guardians and actual guardians. A parent who has been deprived of the parental authority by the court may not use the days off.
The right to two days off per child is guaranteed by law. This means that they cannot be crossed out by any internal ordinance or regulations in force in a given workplace.
When taking the dismissal, you must state that the other parent does not take the leave. The Labor Code does not specify when the application for leave should be submitted. The employee also does not have to explain his decision or explain his dismissal request. It is enough if he indicates that he is exercising his right.
In addition, there are no contraindications to use the holidays immediately after another holiday: rest or parental.
The date of the leave should be agreed with the employer. If the employee's absence during a given period will disorganize work, the employer should propose another date during which the employee may take leave.