Supreme Court defines 'alternative employment' as a real offer matching qualifications, safe for pregnancy, and considering personal circumstances.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court quashed the lower court's dismissal of the claimant's appeal regarding maternity benefits. The facts show the claimant was pregnant, unable to work due to illness, and her employer terminated her contract due to liquidation without providing a suitable alternative job. The Court ruled that 'alternative employment' requires a genuine offer matching the employee's qualifications, safe for pregnancy, and accounting for her personal situation, rather than just any job. Consequently, the employer failed to meet the statutory obligation, entitling the claimant to maternity benefits.
Legislator headnote
AI generatedArt. 30 ust. 3 ustawy o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa; art. 177 § 4 k.p.: The obligation to provide alternative employment during pregnancy requires a real job offer matching the employee's qualifications, posing no threat to the pregnancy, and considering her personal and family circumstances.