Care for children under the age of 3 in Poland

Legal basis: Act of 4 February 2011 on care for children under the age of 3 (Polish Journal of Laws of 2011, No. 45, item 235, as amended)

Tasks in the field of care of children under the age of 3 are theown tasks of a gmina, which are divided into mandatory and optional tasks.

Forms of care for children under the age of 3:

1.     Nursery

2.     Kids club

3.     Daycare provider

4.     Nanny

1. Nurseries are the basic institutional form of care for children from 20 weeks up to 3 years old offered by the state (in special circumstance up to 4 years). In nursery one caretaker may overlook no more than 8 children, or maximum of 5 children in the case when a disabled child or special care child is under his or her care. Children can stay 10 hours a day (in specific situations - longer).

2.Kids club are small institutions of care for children from 1 to 3 years old (in special circumstance up to 4 years). In kids club one caretaker may overlook no more than 8 children, or maximum of 5 children in the case when a disabled child or special care child is under his or her care. They can be managed by a qualified professional and children can stay no longer than 5 hours a day.

Nurseries and kids clubs may be established and managed by different entities:

-        gminas (municipality);

-        individuals;

-        corporations and organisational units without legal personality (including non-government organizations).

Management of a nursery or a kids club is considered a regulated activity within the meaning of the Act of 2 July 2004 on freedom of economic activity (Dz.U. of 2013, item 672, as amended) and requires entering such nursery or kids club into the register of nurseries and kids clubs.

3. Daycare provideris a totally new institution introduced by the Act.  A daycare provider shall mean an individual employed by the gminas, corporations and organizational units without legal personality on the basis of service level agreement, to which, in accordance with the Civil code, the regulations relating to mandates shall apply. Daycare providers shall provide childcare for children over 20 weeks oldto 3 years old. A daycare provider may take care of children at his or her home or in the premises provided by the local authorities or other entity. Depending on the premises, may take care of up to 5 children in time. In the case, where at least one of the children is under the age of 1 year or is disabled and requires special care-up to 3 children.

4. Nanny is a personalised form of care for children over 20 weeks old. Parents can hire a nanny - they can sign with a nanny the activation contract. From the State budget, through the Social Insurance Institution, contributions are paid for nanny’s retirement disability, accident and health insurance from the base which is the amount not more than the minimum wage for work. Parents pays nanny's contributions from the amount of surplus over the amount of the minimum salary.

Supervision of nurseries, kids clubs and daycare providers

The vogt, mayor or president of the city competent for the location of the nursery or kids club or for the place where the daycare provider offers childcare shall supervise such nursery, kids club or daycare provider in terms of the conditions and the quality of the provided childcare services.

Supervision shall be based on the supervision plan adopted by the gmina council by way of a resolution.

In the case of any information about irregularities in the organisation and functioning of the nursery, the kids club or the childcare services provided by a daycare provider, the vogt, mayor or president of the city shall carry out supervisory activities also beyond the scope of supervision.

Files to download

Act on care for children under the age of 3  (41.5 KB)