I'm 22 years old and 18 weeks pregnant. I am currently on sick leave and have a problem with it. My gynecologist with whom I am pregnant does not want to issue me sick leave, saying that "Pregnancy is not a disease" and on the other hand my job is not suitable for pregnant women, which my supervisor told me. I cannot perform most of the duties because they endanger me and my child, because it is a job in a supermarket. Driving with a manual and electric forklift, baking bread, baler (cardboard crushing machine), lifting, sitting at the cash register, enormous stress, etc. or at my gynecologist, where I have to cheat that there is something wrong with me. What should I do? What arguments should you refer to in order to get an exemption from the National He alth Fund?
Perhaps it is worth changing the attending physician? In such a situation, if working in a supermarket exposes you to stress and physical exertion, you should immediately take a sick leave and continue it until the end of pregnancy. An important factor is also the fact that superiors advise the same. Pursuant to Art. 176 of the Labor Code, it is forbidden to employ women in work that is particularly arduous or harmful to he alth. This prohibition applies to all women, regardless of age or parentage. The list of such works is prepared by the employer, on the basis of the Regulation of the Council of Ministers of September 10, 1996 on the list of works particularly burdensome or harmful to women's he alth (Journal of Laws 1996, No. 114, item 545), taking into account the specificity of the workplace . The list of work that is particularly strenuous or harmful to he alth in a plant should be included in the work regulations, which are made known to employees in the manner adopted in the plant.
The list of such works should take into account the standards contained in the annex to the regulation and include:work related to physical effort and transport of loads as well as forced body position, work in a cold, hot and changing microclimate , work in noise and vibration, work involving exposure to electromagnetic fields, ionizing and ultraviolet radiation and work with screen monitors, work underin the ground, below ground level and at heights, work under increased or reduced pressure, work in contact with harmful biological agents, work in exposure to harmful chemicals, work involving the risk of severe physical and mental injuries.
Work related to physical effort and transport of loads as well as forced body position, i.e. lifting and carrying loads exceeding: 12 kg - for permanent work, 20 kg - for occasional work (up to 4 times per hour during a shift ). Manual operation of device elements (levers, cranks, steering wheels, etc.), which requires the use of a force exceeding: 50 N - for permanent work, 100 N - for occasional work. Foot-operated operation of device elements (pedals, buttons, etc.), which requires the use of a force exceeding: 120 N - for permanent work, 200 N - for occasional work. Manual lifting uphill - on ramps, stairs, etc., the maximum angle of inclination of which exceeds 30 ° and the height of 5 m - of loads exceeding: 8 kg - for permanent work, 15 kg - for occasional work. Transporting loads with a weight exceeding: 50 kg - when transporting on one-wheel barrows, 80 kg - when transporting on 2, 3 and 4-wheel trolleys, 300 kg - when transporting on trolleys on rails - this type of work is not allowed for women, in particular for pregnant women.Legal basis:The Labor Code Act (Journal of Laws of 2014, item 1504)
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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