In which month of pregnancy can I go on sick leave?
An employee on sick leave may stay from the day of becoming pregnant until giving birth. Only the doctor decides about the period of sick leave of a pregnant woman, which is why the issue of sick leave is his responsibility. Pursuant to Art. 177 of the Labor Code, the employer may not terminate or terminate the employment contract during pregnancy, as well as during maternity leave, unless there are reasons justifying termination of the contract without notice due to her fault and the trade union organization representing the employee agreed to terminate the contract. The document constituting the basis for the payment of the sickness benefit is the certificate of temporary incapacity for work issued on the ZUS ZLA form. The evidence constituting the basis for the award and payment of the sickness benefit for the period of incapacity for work confirmed abroad is a certificate of a foreign medical institution or a foreign doctor translated into Polish: - containing the name of the foreign medical institution or the name and surname of the foreign doctor, with the date of issue and signature; - specifying the start and end dates of incapacity for work. For the payment of sickness benefit in the amount of 100% of the calculation basis, the following is additionally required: - a medical certificate ZUS ZLA with the code "B" entered or a separate medical certificate confirming the state of pregnancy - in the case of incapacity for work during pregnancy, the basis for the calculation of the allowance for the employee is the average monthly remuneration paid for the period of 12 calendar months preceding the incapacity for work or from the actual period of employment for full calendar months, if the incapacity for work occurred before the expiry of this period.
Legal basis: The Labor Code Act (Journal of Laws of 1998, No. 21, item 94, as amended)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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