On October 14 each year, National Education Day, commonly known as Teacher’s Day, is celebrated. Can schools be closed on this day and what about childcare in such a situation? This is important information for all working parents.
Teacher’s Day (i.e. October 14 each year) is a day off from classes, but not a day off from work
Pursuant to Art. 74 of the Act of 26/01/1982 – Teacher’s Card – National Education Day is celebrated on October 14 each yearwhich is commonly called Teacher’s Day. It is a celebration of all education workers and a day off from school, but not a day off from work for education workers. Moreover, it is not a day off from work for students’ parents.
However, returning to teachers – on October 14 each year, they are released only from teaching classes. Although these classes do not have a statutory definition, it is customary to assume that they are classes resulting from the lesson plan (sometimes also called the weekly timetable)/curriculum or simply – didactic classes. Pursuant to Art. 42 section 2 Teacher Cards – However, outside of teaching classes, within the working time and agreed remuneration, the teacher is also obliged to carry out: m.in.:
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educational activities and caring for or on behalf of students or pupilsbut also
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other classes and activities resulting from the school’s statutory tasksincl care and educational activities that take into account the needs and interests of students.
The exemption of teachers from the obligation to conduct classes on October 14 is therefore unrelated to their working time. Days off from work for teachers are – pursuant to Art. 1519 par. 1 labor code – Sundays and holidays specified in the regulations on days off from work. These provisions are contained in the Act of January 18, 1951 on non-working days, according to which non-working days are:
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January 1 – New Year,
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January 6 – Epiphany,
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first day of Easter,
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second day of Easter,
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May 1 – National Day,
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May 3 – National Day of the Third of May,
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first day of Pentecost,
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Corpus Christi day,
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August 15 – Assumption of the Blessed Virgin Mary,
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November 1 – All Saints’ Day,
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November 11 – National Independence Day,
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December 25 – the first day of Christmas,
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December 26 – second day of Christmas and
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Sundays.
Lex specialis in relation to the above provisions is Art. 42c section 2 of the Teacher’s Charter, according to which – in schools where work takes place on all days of the week, the teacher takes two consecutive days off from work at least once every two weeks, one of which must fall on a Sunday. However, this does not apply to teachers working in the part-time education system.
However, none of the above regulations indicate that October 14th (National Education Day) is a day off from work for teachers. So, it is not.
Continuation of the material below the video
The school cannot be closed on Teacher’s Day – it is obliged to provide care to students
The fact that there are no classes on Teacher’s Day does not mean that teachers do not have to come to work and the school does not have to provide care for students. On this day, assemblies and similar ceremonies related to the National Education Day are usually held, and during the remaining time, students should be provided with care, for example by staying in the school common room. It is an illegal practice of some schools to completely close their facilities on this day. Pursuant to par. 6 of the Regulation of the Minister of National Education of August 11, 2017 on the organization of the school year – on days free from teaching and educational activities – the school is obliged to organize educational and care activities and moreover – is obliged to inform parents about the possibility of students’ participation in such activities. The provision of par. 6 above The regulation refers, however, to days that have been set as days free from teaching and educational activities by decision of the school principal, after seeking the opinion of the school council, and if the council has not been appointed – of the pedagogical council and the parents’ council and the student self-government, taking into account take into account the local conditions and organizational possibilities of the school. By analogy, however, it should also be applied to a day free from teaching and educational activities (including classes) established under the Act, which is Teacher’s Day, falling on October 14 each year.
This is confirmed by the position of the Ministry of National Education expressed in response to parliamentary interpellation no. 205281:
“National Education Day is free from classes (pursuant to Article 74 of the Act of January 26, 1982 – Teacher’s Card). Students do not have lessons that day, but it is not a day off from school for them. On this day, the school is obliged to conduct care activities (during hours set at the school) or other types of activities, for example related to school celebrations taking place on this occasion.. (…) On a day free from teaching and educational activities, each student has the right to participate in various forms of activities organized at school on that day. All students who come to school on that day should be cared for, not only students whose parents have notified them in advance or who have submitted such a declaration in advance. The principles of organizing educational and care activities and their size depend on the needs of students and the organization of school work on that day. The time during which the school organizes classes for students should result, for example, from the need to care for students whose parents work or from the possibility of students traveling by public transport or transport organized by the managing body.. The decision whether all teachers organize care activities at school or perform their tasks in another way on this day rests with the school principal.
It happens that although closing the school on Teacher’s Day and not providing care for students at that time is illegal, such a practice sometimes occurs. Can working parents then count on time off from work to care for a child, while retaining the right to remuneration or care allowance?
In the Act of 25/06/1999 on cash benefits from social insurance in the event of sickness and maternity (more specifically in Article 32(1)(1)(a), it is provided for the right to care allowance in the event of leave from work due to the need to personally care for a healthy child up to 8 years of age, including: in the event of an unforeseen closure of the child’s school. This allowance is due in the amount of 80% of the allowance calculation basis, i.e. – in the case of persons employed under an employment contract – the average monthly remuneration paid for the last 12 months, and if the employment period is shorter – for the full calendar months covered by sickness insurance. It can be obtained for a total of no more than 60 days in a calendar year.
You can read more about the care allowance in the event of leave from work due to the need to personally care for a child in the article below:
Can closing a school on National Education Day be considered unforeseen, which would entitle parents to receive care allowance for a child up to the age of 8? This may be a contentious issue. On the one hand, yes, because a parent who knows the provisions of Art. 74 of the Teacher’s Charter, according to which, on that day, only classes will not take place, and the school should “work” normally and provide care for students – he had the right not to expect this. On the other hand, if the director of the facility informed the parents about it in advance, it will be difficult to talk about an “unforeseen” closure of the facility. In accordance with the jurisprudence of the Supreme Court2 and the practice of ZUS – an unforeseen school closure can be said if the parent was notified about it less than 7 days before the school closure date. It all depends on the circumstances of a particular case, however – parents aware of their rights (especially if they have been informed “in advance” by the school about its plan to close it on Teacher’s Day) – should rather demand that the school organize childcare on that day, rather than demand that the employer be released from work, and payment of care allowance from ZUS for that day.
However, if the school closes (of which parents were notified at least 7 days in advance), the principal will not organize educational and care activities for children on that day, and the parent will not be able to take time off work to personally care for the children. child while retaining the right to benefits – there is one more solution for working parents on this day: possibility of using the so-called two days of care for a child under 14 years of age (in this case, of course – from one day), while retaining the right to remuneration, which are entitled to parents in each calendar year, pursuant to Art. 188 of the Labor Code.
Importantly, this is an exemption is granted jointly:
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for all children up to 14 years of age in the family – that is, if there are, for example, three children of this age in the family – parents will still be entitled to only 2, not 6 days of leave in a given year, and
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both parents i to regardless of the number of employers they are employed by – i.e., to the extent used by the child’s mother (as part of all her employment relationships in a given calendar year), the father will no longer be able to use the leave and vice versa.
In order to take advantage of the exemption, the employee should submit to the employer application for exemption. As this leave may be granted in parts (on a daily or hourly basis) – in the first application in a given calendar year (unless, of course, the employee wants to divide the leave) – he decides in which of the above. modes will benefit from the exemption. The application for this leave from work does not need to be justified, and the employer cannot refuse to grant it. The regulations also do not specify the deadline within which the employee should apply to the employer for leave. However, taking into account the employer’s interest, it should be assumed that he should do so as far in advance as possible.
1 Response of the Secretary of State at the Ministry of National Education of March 3, 2011 to interpellation no. 20528 regarding the organization of days off from teaching and educational activities
2 resolution of the Supreme Court of March 6, 1979, ref. no. act II UZP 4/79
Legal basis:
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Act of January 26, 1982 – Teacher’s Card (consolidated text: Journal of Laws of 2024, item 986)
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Act of 26/06/1974 – Labor Code (Journal of Laws of 2023, item 1465)
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Act of January 18, 1951 on days off from work (Journal of Laws of 2020, item 1920)
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Regulation of the Minister of National Education of August 11, 2017 on the organization of the school year (Journal of Laws of 2017, item 1603)
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Act of June 25, 1999 on cash benefits insurance social in the event of illness and maternity (consolidated text: Journal of Laws of 2023, item 2780)
