No classes on October 14th. What about childcare?

• October 14, National Education Day, is a day off from classes, but not a day off from work
• According to the regulations, it is illegal to completely close branches on this day.
• The law provides for an important right to care allowance, for example in the event of an unforeseen closure of the school the child attends
• An unexpected school closure occurs when the parent is notified of it less than 7 days before the school closure date - Infor.pl reports.

As Infor.pl reminds, National Education Day is a holiday for all education workers and a day off from classes, but not a day off from work for education workers.

Therefore, in accordance with Article 42, paragraph 2 of the Teachers' Charter, in addition to teaching activities, within the framework of working time and agreed remuneration, the teacher is also obliged to carry out, among others:

• educational and care activities with students or pupils or for their benefit,
• other activities and classes resulting from the statutory tasks of the school, including care and educational activities that take into account the needs and interests of students.

Therefore, as Infor.pl reports, some schools are illegally closing their facilities completely on this day . The regulations are clear: on days free from classes, schools are obligated to organize educational and care activities. Furthermore, the school is obligated to inform parents about the possibility of students participating in such activities.

School closed – what next for the children?

However, there are situations where schools are closed. Infor.pl points out that the Act on Cash Benefits from Social Insurance in the Event of Sickness and Maternity provides for a valid right to care allowance.

This applies to the case of leave from work due to the need to personally care for a healthy child up to the age of 8, including in the event of an unforeseen closure of the child's school.

However, according to case law, an unforeseen school closure occurs when a parent is notified less than seven days prior to the closing date. Each case should be considered individually. Therefore, parents notified by the school of its planned closure on Teachers' Day should request that the school arrange childcare, as Infor.pl reports.

There is also another solution for working parents on this day: the possibility of using the so-called two days of care for a child up to 14 years of age.

This exemption applies to the following (according to Infor.pl):

• for all children up to the age of 14 in the family – if there are, for example, three children of this age in the family – parents will still be entitled to only 2 days of sick leave in a given year, and
• both parents, regardless of the number of employers they are employed by – to the extent used by the child's mother, the father will no longer be able to use the leave and vice versa.

If an employee wishes to take advantage of this leave, they should submit an appropriate leave application to their employer. Infor.pl emphasizes that this request does not need to be justified, and the employer cannot refuse to grant it.

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