Urlop macierzyński funkcjonariuszki służby więziennej

Abstract

The subject of this article is the analysis of regulations in the scope of maternity leave in the case when both parents or guardians of a child are Prison Service (PS) officers or one of them is a PS officer and another one is an employee or insured based on something different than an employment relationship e.g. a commission contract. The last amendment of July 24th, 2015 on the change of act – the Labor Code and some other acts extended the scope of cases when it is possible to take a part of maternity leave by other entitled persons. What is a new solution is to grant the rights to use a part of maternity leave not only to the child’s parents but also to the other members of the closest family. The intricacy and complexity of the regulations pertaining to parental rights pose difficulties in their interpretation. Moreover, neither Prison Service Act nor regulation, article 29, item 5 of the act on social security pecuniary contribution to which the Labor Code relates, make it precise which members of the family the legislator considers to be the closes ones. The right specification of the people entitled is essential as it entails the payment of pecuniary contribution from the public money. Furthermore, based on prison service act , the legislator, by virtue of article 108, guarantees service relationship protection to officers (regardless of gender and degree of consanguinity) who make use of maternity leave or leave with the conditions of maternity leave.