A common mistake made by professional soldiers is assuming that they enjoy the same rights and obligations as persons employed under a contract of employment. In the majority of cases this is not so; however, exceptions to that rule do exist.
The Soldier as Parent: A Series of Articles
This article is the first in a series of posts concerning the rights of professional soldiers who have become parents. Persons in such a situation may avail themselves of a range of entitlements and possibilities arising from the Act on the Defence of the Fatherland (Ustawa o obronie Ojczyzny) (and other regulations). In order to make full use of the rights available to us, however, we must first understand them. That is precisely the purpose of this series.
Parental Leave for a Soldier
In the vast majority of cases, the Act on the Defence of the Fatherland independently governs the position of soldiers, and in particular of professional soldiers — the rules governing their service, together with the associated obligations and entitlements. A frequent mistake made by soldiers is to invoke the provisions of the Labour Code (Kodeks pracy) and to assume, without justification, that the same rules apply to them as well.
Exceptions to that principle do of course exist — one of them is the right to parental leave (urlop wychowawczy). In this respect, the Act on the Defence of the Fatherland expressly refers to the provisions of the Labour Code (in particular Article 186 of the Labour Code).
Nature and Duration of Parental Leave
In accordance with the aforementioned Article 186 of the Labour Code, a soldier is entitled to leave for the purpose of providing personal care for a child — such leave is known as parental leave (urlop wychowawczy). Its duration is 36 months and it should be taken before the child reaches the age of 6 (that is, by the end of the calendar year in which the child attains that age). Each parent of the child is entitled to at least one month of parental leave (meaning that both the father and the mother may each independently take a maximum of 35 months of leave). This leave may be taken in instalments, not exceeding five in total.
The regulations also provide for an additional, further 36 months of parental leave, which may be taken up until the child reaches the age of 18 where the child’s state of health (disability) so warrants.
Practical Effect of Parental Leave on Service
A soldier on parental leave does not receive the majority of the components of their service pay. For the first 12 months they remain in their most recently held post; where the leave extends beyond that period, they are placed at the disposal of the relevant authority (przeniesiony do dyspozycji).