Rights of a Pregnant Employee in Poland: What the Employer Is Required to Do and What Is Prohibited

Pregnancy during employment abroad raises a great many questions: can you be dismissed, will your salary change, what allowances are you entitled to, how should the formalities be properly completed? Unfamiliarity with one's own rights frequently leads employees to silently accept conditions that are contrary to the law.

The Polish Labour Code (Kodeks pracy) provides pregnant employees with comprehensive protection - from the moment pregnancy is confirmed until the end of parental leave. This article sets out the key rights guaranteed under Polish legislation and the situations in which the employer is obliged to act in the employee's favour.

Important: all rights described below apply exclusively to employees who are officially employed - that is, those working under an employment contract (umowa o pracę) or a civil law contract (umowa zlecenie) with contributions paid to ZUS (the Social Insurance Institution). Official employment is therefore the fundamental prerequisite for any form of legal protection.

Key rights of a pregnant employee

1. Protection Against Dismissal Pursuant to Article 177 of the Labour Code, the employer may neither terminate nor even serve notice of termination of employment to a pregnant employee. This protection applies from the onset of pregnancy until the end of maternity leave. If a fixed-term contract was due to expire after the third month of pregnancy, it is automatically extended until the date of childbirth. This occurs without any administrative procedures, solely by operation of law. Exception: a substitution contract (umowa na zastępstwo) and a probationary contract of up to one month are not subject to automatic extension.
2. Prohibition of Overtime and Night Shifts During pregnancy, the following are strictly prohibited: overtime work, night shifts, and business trips without the employee's written consent. The maximum working time is 8 hours per day, regardless of the working time system or schedule in operation at the establishment. These restrictions are enshrined in Articles 148 and 178 of the Labour Code and apply even if the employee has given her consent - the law deems such consent invalid.
3. Transfer to Lighter Work If a position or working conditions are deemed harmful or hazardous for a pregnant employee (heavy physical exertion, hazardous substances, prolonged work at a monitor exceeding 8 hours), the employer is obliged to transfer the employee to another position. The list of such types of work is set out in the Regulation of the Council of Ministers of 3 April 2017. If no suitable vacancy is available, the employer must release the employee from the obligation to perform work whilst maintaining full pay. If the transfer results in a reduction of salary, a compensatory supplement (dodatek wyrównawczy) is paid.
4. Paid Medical Examinations Pursuant to Article 185 of the Labour Code, the employer is obliged to grant the employee paid time off for medical examinations ordered by a doctor in connection with the pregnancy - provided these examinations cannot be carried out outside working hours. The employee retains the right to full pay for the entire duration of such absence. Condition: the examinations must be ordered by a doctor and directly related to the pregnancy.
5. Maternity Leave and ZUS Allowances Following the birth of a child, an employee who has been paying contributions to ZUS is entitled to: Maternity leave (urlop macierzyński) - 20 weeks. Allowance - 100% of the average salary over the preceding year. Parental leave (urlop rodzicielski) - 41 weeks, of which 9 weeks are non-transferable and reserved exclusively for the other parent. Allowance - 70% or 81.5% of the calculation base (depending on whether the application is submitted within 21 days of childbirth). Important: an application for both periods of leave combined should be submitted within 21 days of childbirth - in which case the allowance will amount to 81.5% throughout the entire period.

What the employer is not permitted to do

Dismiss or serve notice of termination The employer may not terminate or serve notice of termination of employment during pregnancy or throughout the entire period of maternity leave. Exceptions are: disciplinary dismissal for the employee's own fault with trade union consent, and liquidation of the establishment. If dismissal took place during pregnancy, the employee has the right to bring a claim before the labour court (sąd pracy) for reinstatement or compensation.

Compel the employee to work overtime Any engagement of a pregnant employee in work exceeding 8 hours per day, during night shifts, or on days off without compensation constitutes a direct violation of the Labour Code. The offending employer is liable to a fine imposed by PIP (Państwowa Inspekcja Pracy - the National Labour Inspectorate).

Reduce salary without legal basis If a transfer to another position or a reduction in working hours has resulted in lower earnings, the employer is obliged to pay the difference in the form of a compensatory supplement. Unilateral reduction of salary or cancellation of allowances without amending the contract terms is unlawful.

Send on a business trip without consent Dispatching a pregnant employee on a business trip (podróż służbowa) is permissible only with her written consent. Refusal to undertake a business trip may not constitute grounds for disciplinary measures or dismissal.

Advice from Gremi Personal

Tip 1: Notify your employer in writing - and retain confirmation Pregnancy is confirmed by a medical certificate (zaświadczenie lekarskie), which should be submitted to the employer in writing - with an acknowledgement of receipt — or sent by e-mail with delivery confirmation. This document establishes the date on which legal protection commences and serves as evidence in the event of a dispute. Tip 2: Verify your ZUS contributions Entitlement to ZUS allowances arises only on condition of official employment and regular payment of contributions. Your insurance record can be verified via the ZUS PUE portal (pue.zus.pl) or in person at a ZUS branch office. If the employer has not been paying contributions - this constitutes a violation that should be reported to PIP.

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