Extension of an employment contract with a pregnant woman

June 14, 2021

Sometimes it happens that we hire a female employee without knowing anything about her current condition (sometimes even she doesn’t know it yet). Then suddenly it turns out that she is pregnant. However, more often we deal with cases of becoming pregnant in the course of employment. If a contract is concluded for an indefinite period, having bun in the oven does not change anything in the employment of such an employee. But what to do in a situation where the contract is concluded for a definite period or for a trial period? Should the contract be always extended until the day of giving birth?

It is up to the employer to decide

The decision to extend a contract rests with an employer. So if it turns out that the employer cares about keeping an employee because he is satisfied with her work, there is nothing to prevent him from concluding another employment contract with the pregnant woman on his own initiative, before the end of the previous contract. As a rule, however, we encounter a situation in which an employment contract is automatically extended until the day of delivery. In this case, no action has to be taken by an employer or an employee. However, it is worth informing the employee about the extension of the contract until the day of delivery.

Conditions for extending the employment contract until the date of delivery

So what conditions must be met for such extension of the contract to take place? One can find answers in art. 177 § 3 of the Labor Code. There are two cases when the contract is spontaneously extenden until the day of giving birth. The first one is when an agreement is concluded for a definite period. The second one when a contract is concluded for a trial period (min. 1 month. The condition is that both cases must provide that they would be terminated after the third month of pregnancy. But when will the contract not be extended until the day of delivery?

• If, on the day a contract is terminated, an employee is, for example, in the second month of pregnancy, then the contract will not be extended until the day of giving birth. Unless the employer decides to continue employment of this employee.
• If a contract was concluded for a trial period, but for less than 1 month, then there is no automatic contract extension.
• The same exception applies to contracts for the substitution of another person. Such a contract will not be extended if it is terminated after the third month of pregnancy.

According to the judgment of the Supreme Court of December 5, 2002, the month of pregnancy is equal to the lunar month and amounts to 28 days. The employee should provide the employer with the medical certificate stating the age of pregnancy.

Autor: Róża Śleszyńska