Rights of a pregnant employee

Labor law provides special protection for women expecting a child. It regulates, among other things, how one can perform their current duties, for example, when working with computers or performing standing or sitting work during pregnancy. The Labor Code provisions specify, among other things, how much time a pregnant woman can spend working on a computer, as well as the maximum weight she can lift.

The work of pregnant women is under special legal protection. Even if an employee feels well and decides to continue her professional duties, appropriate working conditions must be provided.

What does a pregnant woman receive as part of her professional duties? These include limitation of working time, special protection of employment, and a prohibition on performing dangerous, strenuous, or harmful work.

Working hours for pregnant women

The working time for women expecting a child is a maximum of 8 hours per day. Additionally, a pregnant woman at work retains the right to remuneration for time not worked due to the reduction of her working hours.

A pregnant woman also cannot be delegated to work in another location without her consent, nor employed in a system of interrupted working time.

A pregnant woman is also not allowed to perform duties during overtime hours or at night. If an employee is employed during night hours, the employer is obliged to change her working hours for the duration of the pregnancy. If this is technically impossible, it will be necessary to transfer the pregnant employee to another workplace where she can perform her duties during the day. If that option is also not possible, the employer can only release the subordinate from the obligation to work during the pregnancy.

Working with computers

According to the Regulation of the Council of Ministers of April 3, 2017, on the list of strenuous, dangerous, or harmful work for pregnant women and women breastfeeding a child, it clearly indicates in the appendix to this regulation that the operation of screen monitors by pregnant women at work cannot exceed 8 hours.

In practice, this means that the number of working hours a pregnant woman spends in front of the screen should be reduced to a maximum of 8 hours per day. According to the regulation, the time spent operating a screen monitor cannot exceed 50 minutes at a time, after which there should be a break of at least 10 minutes, included in the working time.

Pregnancy and physical work

According to current regulations, pregnant women at work should not lift anything weighing more than 5 kg. This excludes many physical jobs, including standing work during pregnancy, which is why women who perform such work must obtain a doctor’s approval to continue their professional duties.

In most cases, however, doctors suggest taking sick leave in similar situations. The risk of accidents and related injuries is sometimes simply too great to ensure the safety of the mother and her child at work.

Pregnant at work: particularly strenuous work

Regulations also provide special protection for pregnant women working in positions where there is an exceedance of specific exposure limits to harmful factors. In the case of such pregnant women at work, the employer is forced to adapt their working conditions to eliminate potential health hazards.

List of work prohibited for pregnant women

Not every profession will be safe for the health of the expectant mother and her child. What work is prohibited for pregnant women?

These include, among others:

• work in a forced position;
• work in a standing position for a total of more than 3 hours during a work shift;
• work in an environment where there are sudden changes in air temperature exceeding 15°C;
• work in noise and vibrations with values specified in the Regulation of the Council of Ministers of April 3, 2017, on the list of strenuous, dangerous, or harmful work for pregnant women and women breastfeeding a child;
• work with exposure to the chemical substances listed in the regulation, regardless of their concentration in the work environment, work in a forced rhythm.
• work with exposure to carcinogenic agents and probable carcinogenic agents, specified in separate regulations;

Work for pregnant women must not pose even the slightest threat to the health of the pregnant woman and her child. Therefore, if the employer does not have the possibility to adjust the conditions in the workplace to her needs, it will be necessary to release her from the obligation to work.

When considering continuing work during pregnancy, it’s worth being sensible. It’s worth discussing contraindications with a doctor and trying to explain your working conditions as broadly as possible. The next step will be talking to your employer about the options you have. Most companies try to support pregnant women at work, as well as help them after returning to their former position.

Employment contract and pregnancy

When an employee learns that she is pregnant, and she is employed on the basis of a fixed-term employment contract, she has many doubts. However, a woman expecting a child is protected by the provisions of the Labor Code, therefore the employer must treat her in a special way, in accordance with the accepted law.

End of contract during pregnancy

An employee who is employed on the basis of a fixed-term employment contract during pregnancy should be treated in an exceptional manner. The employer does not have the right to terminate the employment relationship with such a person, and if the contract ends before the planned date of childbirth, it is extended until the day of birth.

This situation occurs in two cases:

• when the employee is employed for a fixed term,
• when the employee is employed for a trial period longer than 1 month, provided that the termination of the contract would take place after the 3rd month of pregnancy.

The contract in such a case is extended by operation of law, and the employer does not have to perform any legal actions. Such an extended contract is terminated on the day of the child’s birth.

Unfortunately, employees who are employed on the basis of:

• a trial period contract of less than one month,
• an employment contract to replace another employee during their absence,

cannot benefit from the right discussed above.

An employment contract during pregnancy may also expire:

• on the day of the employee’s death,
• on the day of the employer’s death (when there was no takeover of the workplace),
• after 3 months of the employee’s absence from work due to temporary arrest, unless the employer earlier terminated the employment contract without notice due to the employee’s fault.

The employer cannot give notice or terminate the employment contract during the employee’s pregnancy period, as well as during her maternity leave.

However, the Labor Code provides for situations where the employer has the right to dismiss a pregnant woman.

• When the company declares bankruptcy or liquidation. In this situation, it does not matter on the basis of which contract the employee is employed and whether she is currently pregnant.
• When the employee has committed a serious violation of basic employee duties or committed a crime during the employment contract that made it impossible to continue employing her in the position, if the crime is obvious or has been confirmed by a final judgment;
• Lost the qualifications necessary to perform work in the occupied position (through her own fault). In this case, however, trade unions must agree to the dismissal of the employee, if such exist in the company and the employee belonged to them. It is permissible to terminate the contract with a pregnant woman by mutual agreement. This is a common alternative to disciplinary dismissal.

Termination of employment contract and unawareness of pregnancy

In a situation where the employer gave the employee a notice of termination of the employment contract, the employee accepted it, and after some time it turned out that she was pregnant, which she did not know when signing the document. Then, if on the day of termination of the contract the employee was pregnant above the 3rd month, the employer, after receiving a medical certificate confirming the employee’s pregnancy, is obliged to reinstate her to work.

A similar situation occurs when the employee herself submits a resignation at work, not knowing that she is pregnant. Then, she should submit a written statement to the employer about withdrawing from the resignation, justifying it with pregnancy and attaching a medical certificate.