I am in the 1st month of pregnancy. I have a contract of employment from December to the end of April. Can I go on sick leave at the end of my pregnancy contract or do I have to have this extended contract to go on sick leave? Will such release end at the end of the contract?
This problem is solved by Art. 177 par. 3 of the Labor Code. According to it, an employment contract concluded for a definite period / for the duration of a specific job / for a trial period exceeding one month, which would be terminated after the third month of pregnancy, is extended until the day of childbirth. In my opinion, this is exactly what should happen.
Paragraph 3 does not apply to a fixed-term employment contract concluded to replace an employee during his justified absence from work.
Termination of an employment contract by the employer with notice during pregnancy or maternity leave may take place only in the event of the declaration of bankruptcy or liquidation of the employer. Included in Art. 177 § 1 of the Labor Code the prohibition of the employer's termination (and termination) of an employment contract with a pregnant employee and during the maternity leave does not mean that the termination does not result in the termination of the employment contract. This termination is unlawful and its effects are specified in Art. 45 § 1 of the Labor Code You should then go to an employment tribunal immediately.
If the court decides at the same time on reinstatement and remuneration for the period of unemployment, the award of this remuneration may take place only on the condition of taking up work, and in the case of particularly protected employees in the amount of remuneration for work that the employee would receive in the period from termination of the employment contract by the date of the judgment. If the court decides on remuneration for the time of being unemployed after a final reinstatement (for example, as a result of a separate pursuit of these claims), the premise for accepting an action for such remuneration is the confirmation of starting work as a result of valid reinstatement, or more precisely, notification of readiness to resume work immediately. work within 7 days of being reinstated (Article 48 § 1 of the Labor Code)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing inmedical topics.
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