Few people are aware that both pregnant and post-childbearing women have certain special rights at work. For example, they have the right to additional breaks, and they do not have to, and even should not do work that is forbidden to pregnant women.

According to Article 178 of the Labour Code: Pregnant employees may not be employed overtime or at night. This applies from the moment the employee presents the doctor’s certificate to the employer. This provision is mandatory and there should be no derogations from it.

For example, if a woman works in a workplace that produces chemicals that she should not have contact with during pregnancy, the employer should move her to another position. If this is not possible, he should release her from the obligation to work. What’s more, during permanent work, the pregnant woman can go for the necessary medical examinations and for this reason the employee retains the right to remuneration for this time. There is a limit for working on the computer screen (maximum 8 hours), as well as in a standing position (up to 3 hours). Without the consent of the pregnant woman, the employer may also not order her to go on a business trip outside the permanent place of work.

Weare talking about work concluded for a definite period or for a probationary period exceeding one month, which would be terminated after the third month of pregnancy, is extended until the day of confinement. After childbirth, if it is an employment contract of indefinite duration or does not end on the day of childbirth, the woman has the right to maternity and parental leave. After its completion, she should be accepted for a non-inferior job. If she were to earn less when she returned, she is entitled to a compensatory allowance. What’s more, the sickness benefit during pregnancy is 100% of the basis of the allowance assessment.

The list of works forbidden to pregnant women is long, these include: work at heights, work in a forced position, work in exposure to organic solvents, if their concentrations in the work environment exceed the values of 1/3 of the maximum allowable concentrations specified in separate regulations.

Manual lifting and transport of loads on a flat surface is only allowed up to 3 kg for permanent work and 5 kg for casual work.

Reference should be made to the Regulation on the list of works burdensome, dangerous or harmful to the health of pregnant women and breastfeeding women. The aforementioned document shows that work at positions with a screen monitor up to 8 hours a day is allowed. However, it should be remembered that after 50 minutes of such work there should be a 10-minute break from the computer.

According to the Regulation of the Council of Ministers of 3 April 2017, pregnant women are forbidden:

• work within the range of electromagnetic fields with intensities exceeding the values for the safe zone, specified in the provisions on the maximum allowable concentrations and intensities of agents harmful to health in the working environment;
• work in conditions of exposure to ionizing radiation specified in the provisions of the Atomic Law.

For women who breastfeed a child – work in conditions of exposure to ionizing radiation specified in the provisions of the Atomic Law.

Although the permissible values at the workplace without hearing protection is 85 dB, for pregnant women this value is lower – 65 dB.

To sum up, the premise of these regulations is concern for the health of the woman and the fetus. Too many working hours, stress, transporting loads or forced positions can lead to premature birth. That is why it is so important to comply with the regulations and support pregnant workers during this special period for them.

Source: Regulation of the Council of Ministers of 3 April 2017 on the list of works burdensome, dangerous or harmful to the health of pregnant women and breastfeeding women.

Source: https://www.bhp-center.com.pl/przeciwwskazania-do-pracy-w-ciazy-wszystko-co-musisz-wiedziec/

Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.