Maternity leave for the father — rules and formalities

The father can take over part of maternity leave, but only under statutory conditions. In practice it requires specific applications and coordination with the employer.

When the father can use it

Taking over is possible after the mother uses the mandatory part. Details depend on the family situation and the legal rules.

Can the father take the entire maternity leave

No. Maternity leave is assigned to the mother; the father can take only a part after the mandatory period. This differs from parental leave.

Application and documents

Typically required:

• the father’s application to the employer,
• birth documents,
• the mother’s statement transferring part of the leave.

Formal conditions

The mother must formally resign from the remaining part of leave in the correct procedure. Meeting the application deadlines is crucial.

Practical scenarios

• Mother returns to work: after the mandatory part, the father takes the remaining period.
• Shared care plan: the father takes a part of maternity leave and parents later split parental leave.

Checklist — documents and steps

1. Confirm the mother has used the mandatory part.
2. Prepare the father’s application to the employer.
3. Attach the mother’s statement transferring part of the leave.
4. Attach birth documentation.
5. Submit on time and confirm dates with HR.

Paternity leave vs maternity leave takeover

Paternity leave is a separate entitlement and should not be confused with taking over maternity leave.

Benefit and calculation

The benefit for the taken‑over part is calculated under maternity leave rules. Use the maternity leave calculator for an indicative estimate.

Relation to parental leave

Taking over maternity leave does not exclude later parental leave splitting. It is best to plan both leaves together to use the full entitlements.

Example

The mother uses the mandatory part of maternity leave, then the father applies to take the remaining part for a specified period.

Short timeline

• after birth: the mother uses the mandatory period,
• decision to transfer: the father submits the application and documents,
• after approval: the father takes leave for the agreed period.

Schedule and coordination

It helps to plan the schedule in advance and confirm it with both employers to avoid formal delays.

Common mistakes

• submitting the application too late,
• confusing paternity leave with maternity leave takeover,
• lack of coordination between parents.

See also

• Maternity leave rules
• Maternity vs parental leave
• Parental leave

Sources

• ISAP — Labour Code
• ZUS — maternity benefit