Urlop rodzicielski dla ojców – problemy z implementacją dyrektywy 2010/18 w Polsce

Abstract

The aim of this article is to analyze legal regulations concerning the parental rights of a man being employed while child’s mother does not have employment or does not pay the social security contributions necessary to obtain the maternity rights. Prohibition of access to parental leave for the father in this case should be treated as incompatible with the EU law, what has been confirmed in the case law of the Court of Justice. Provisions of the Parental Leave Directive were implemented into Polish Law by amendments to the provisions on child-care leave in the Labor Code. The article attempts to provide an answer to the question whether the Parental Leave Directive has been properly implemented into Polish Law.

Keywords

• Parental Leave Directive
• father’s parental rights
• child-care leave
• the principle of equality before the law