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To ask or not – the employer’s dilemma in case of a visible pregnancy

26.06.2024

Employee who does not present a medical certificate confirming pregnancy, in cases where the pregnancy is visible, does not exempt the employer from complying with the imposed legal obligations. If the pregnancy is noticeable, and yet the employee has not presented the appropriate medical certificate, the employer is still obliged to grant the pregnant employee their entitled rights. Experience shows that theory does not always align with practice, and employers face a series of questions: “Can they request submitting a medical certificate confirming inability to work due to pregnancy?”, “If mistakenly assuming the employee is pregnant, can they claim discrimination?”, “What if the employee insists on not being pregnant – can they demand a certificate confirming the absence of pregnancy?”. – Karolina Kanclerz and Michalina Lewandowska-Alama for kobieta.rp.pl

Full article in Polish avialible: here.