The right to a care allowance in lieu of giving up employment, or other paid work, excluded with regard to a person formally remaining in an employment relationship but actually taking care of a child during a child-care leave SK 50/22
Ref. No. SK 50/22
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 4 December 2025
The Constitutional Tribunal, composed of:
Krystyna Pawłowicz – Presiding Judge
Bartłomiej Sochański
Jakub Stelina
Bogdan Święczkowski – Judge Rapporteur
Michał Warciński,
having considered, at a sitting in camera on 4 December 2025 – in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393) – Ms K.C.’s constitutional complaint, lodged with the Constitutional Tribunal for it to consider the conformity of:
Article 17(1) in conjunction with Article 3(22) of the Family Benefits Act of 28 November 2003 (Journal of Laws – Dz. U. of 2020, item 111, as amended) – insofar as the challenged provisions stipulate that “the right to a care allowance in lieu of giving up employment, or other paid work, is to be excluded with regard to a person formally remaining in an employment relationship but actually taking care of a child during a child-care leave” – to Article 18 in conjunction with Article 47, in conjunction with Article 32(1), Article 18 in conjunction with Article 71(1), second sentence, in conjunction with Article 32(1), Article 18 in conjunction with Article 71(2), in conjunction with Article 32(1) of the Constitution of the Republic of Poland,
adjudicates as follows:
Article 17(1) of the Family Benefits Act of 28 November 2003 (Journal of Laws – Dz. U. of 2025, item 1208), in the version that was in force until 31 December 2023 – insofar as the challenged provision stipulates that the right to a care allowance in lieu of giving up employment, or other paid work, is to be excluded with regard to a person who is on a child-care leave and is taking care of a disabled child – is inconsistent with Article 71(1), second sentence, in conjunction with Article 32(1) of the Constitution of the Republic of Poland.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Krystyna Pawłowicz
Bartłomiej Sochański
Jakub Stelina
Bogdan Święczkowski
Michał Warciński