1. How should an employer in Poland ascertain an employee’s pregnancy?
The employer in Poland must ascertain the employee’s pregnancy through a medical certificate. This certificate is required to confirm pregnancy and for granting leave for medical examinations recommended by a doctor.
2. Are employers in Poland required to grant leave for pregnancy-related medical examinations?
Yes, in Poland, employers are obligated to grant pregnant employees leave from work for medical examinations related to pregnancy if these cannot be conducted outside working hours. The employee retains the right to remuneration during this absence.
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3. What types of work are pregnant and breastfeeding women in Poland prohibited from performing?
As per the law, Pregnant and breastfeeding women in Poland may not perform strenuous, hazardous, or harmful work that could negatively affect their health or pregnancy. A list of such types of work is provided in the Regulation of the Council of Ministers on the List of Strenuous, Hazardous, or Harmful Work for Pregnant or Breastfeeding Women.
4. What actions must an employer in Poland take if a pregnant or breastfeeding employee is assigned prohibited work?
If a pregnant or breastfeeding employee is assigned prohibited work in Poland, the employer must:
- Transfer the employee to another job, or
- If this is not possible, release the employee from the obligation to perform work for the time necessary.
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5. What adjustments must employers make if a pregnant or breastfeeding employee works in hazardous conditions in Poland?
Employers in Poland must:
- Adjust working conditions to reduce risks to the employee’s health and safety, or
- Reduce working hours to eliminate any hazards.
If neither option is feasible, the employer must transfer the employee to a safer role or release her from work for the necessary period.
6. What should an employer do if it is impossible to adjust working conditions for a pregnant or breastfeeding employee in Poland?
If it is impossible to adjust working conditions or reduce working hours for a pregnant or breastfeeding employee in Poland, the employer must transfer the employee to another job or, if that is not possible, release her from the obligation to perform work for the time necessary.
7. What are the rules regarding night work for pregnant employees in Poland?
Pregnant employees in Poland are not allowed to work at night. If an employer requires an employee to work at night, they must change the employee's working time schedule to avoid night work during pregnancy. If it is not possible, the employer must transfer the employee to a job that does not require night work or release her from work.
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8. Can an employer reduce the working time of a pregnant employee in Poland, and how is this compensated?
Yes, if the employer reduces the working time of a pregnant employee in Poland due to working conditions or night work restrictions, the employee is entitled to a compensatory allowance for the reduction in remuneration caused by these changes.
9. What work restrictions apply to employees caring for a child up to the age of 4 in Poland?
Employees in Poland who are caring for a child up to the age of 4 cannot be employed without their consent in the following situations:
- Overtime
- Night work
- Intermittent work systems
- Being posted outside their regular place of work
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10. What is the maximum daily working time for pregnant employees in Poland under systems allowing extended hours?
In Poland, the maximum daily working time for pregnant employees in systems that allow extended working hours (e.g., 12, 16, or 24 hours) is 8 hours. The same limitation applies to employees caring for children under 4, without their consent.
11. Can an employee in Poland raise a child under the age of 14 receive time off, and how is it compensated?
Employees in Poland who are raising at least one child under the age of 14 are entitled to 16 hours or 2 days off per calendar year, with full remuneration for this time.
12. What rights do employees have in terms of exemption from work while raising a child in Poland?
In Poland, an employee raising a child under the age of 14 may choose how to use the 16 hours or 2 days exemption, which must be applied for in the first request in a given calendar year. The employee retains their right to remuneration during this exemption.
13. Can an employer in Poland dismiss a pregnant employee?
No, in Poland, employers cannot terminate a contract or give notice of termination during pregnancy, maternity leave, parental leave, paternity leave, or childcare leave, except in exceptional cases such as employer bankruptcy or winding-up.
14. What happens to a fixed-term contract of employment for a pregnant employee in Poland?
If a fixed-term contract in Poland is set to end after the third month of pregnancy, the contract must be extended until the date of childbirth. However, this extension does not apply to fixed-term contracts made to substitute an employee on leave.
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