Four ways to get a day off for parents
What can a parent do to ensure that a child is not left unattended when faced with an unexpected situation? We point out four possible solutions.
This is a solution which may be used by a parent who is employed on the basis of an employment contract, a contract of mandate or who runs his/her own business.
The child care allowance is granted, inter alia, to an insured person who is released from work due to the necessity of personal care of a child who is under 8 years of age in case of unforeseen closing of a day-care centre, children’s club, kindergarten or school which the child attends. The condition for its receipt is that there are no other family members who can provide care for the child – except for children under 2 years of age, where this does not matter.
When can a situation be said to be unforeseen.
The Supreme Court in its resolution of March 6, 1979 (ref. II UZP 4/79, OSP 1980/7/130) stated that the closure of a day nursery, kindergarten, children’s club or school attended by a child is considered to be unforeseen if the employee was notified of such closure less than 7 days before the day of closure.
The right to child care benefit is granted without a waiting period.
This means that the mere registration for sickness insurance is sufficient. You do not have to be covered by sickness insurance for 30 days for obligatory insurance or 90 days when the sickness contribution is voluntary in order to receive the benefit.
What documents must I submit in order to receive the attendance allowance?
In order to receive the child care allowance it is necessary to submit a Z-15A form to which it is advisable to attach a statement of a parent about an unforeseen closing of a day nursery, kindergarten or school.
Additionally, if the benefit is paid by the Social Insurance Institution (ZUS), you will also have to submit a form:
– Z-3 – in the case of an employee,
– Z-3a – in case of a contractor,
– Z-3b – in case of persons conducting business activity.
From the financial point of view, however, this is the least favorable solution from among the solutions available to parents because the care allowance means lower remuneration for the Insured who are
– an employee or contractor – will receive 80% of the salary for that period,
– a parent-entrepreneur – will receive 80% of the basis of the benefit assessment.
2) Care for a healthy child
The Labour Code guarantees to parents, among other things, 2 days per year of care for a healthy child. These are additional days off, outside the pool of annual leave.
It is worth knowing that:
– 2 days are entitled regardless of the number of children you have,
– these are days for the care of a healthy child, which may be used e.g. in case of a school strike,
– you are only entitled for a child up to 14 years of age,
– unused days of care in a given year do not carry over to the next year,
– you are entitled to full pay for the time spent in childcare,
– 2 days may be used all at once or divided into days or hours,
– This right may only be exercised by one parent,
– days off for child care must be requested by the employee,
– childcare and childcare allowance are two different parental privileges.
Parents do not have to use days from the child care leave pool and receive 100% pay. The employer, on the other hand, will allow the employee to schedule their work for the company while they take it easy on the child.
3) Scheduled leave
For parents who are employed under a contract of employment, there is, of course, still the option to request a leave of absence. It is important to note that if the request is made at the last minute, or if days off are not available at the time due to work schedules, the employer may not agree to the leave. The employee retains the right to full pay for the duration of the leave.
4) Leave on demand
On the same day prior to the start of work, an employee may request a leave of absence on demand, which is part of vacation leave. The employee will also receive 100% pay for this day of absence.