Employers are Not Bound by Requests for Reduced Working Hours; Eligibility Extended Until Child Turns eight, but Without Employment Protection

Autor

Rafał Jaroszyński

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Since 2023, employees with children up to six years old have been entitled to request a reduction in working hours. In such cases, the employer has been obliged to grant the request (Article 186 section 7 of the Labour Code). This possibility was introduced as part of flexible working arrangements in the implementation of the Work-Life Balance Directive.

The new solution differs significantly in terms of both the conditions and the consequences of submitting such a request.

Under the new provisions, the child’s age limit is increased to eight. The requirement to be eligible for parental leave also no longer applies – it is sufficient that the child has not yet turned eight. In addition, the  reduction in working hours is no longer capped at 0.5 FTE. This means that working time may be reduced even to one quarter of a full-time position, for example.

The new regulations do not provide for a maximum period during which an employee may work reduced hours. They merely state that the arrangement may continue until the child reaches eight years of age.

A significant difference, compared to Article 186 section 7 of the Labour Code, is the absence of special employment protection for employees who submit a request for reduced working time under flexible working arrangements. Although it will be prohibited to terminate employment solely on the grounds that the employee has submitted such a request, there are no legal restrictions preventing the termination of employment for other reasons.

The most important change is that an employer who receives a request for reduced working hours is no longer strictly bound by it. The employer may refuse the request on the basis of organisational needs and capabilities, including the need to ensure the proper course of work, work organisation, or the nature of the employee’s duties.

In addition, the employee must justify in the application the need for the requested flexible working arrangement. If the stated reason is objectively unfounded, the employer may reject the request on that basis as well.

Find more articles in PRO HR February 2026.