Polish legislation provides various forms of assistance to mothers and expectant mothers. Your situation will depend on your legal status, whether you need a permit to work in Poland and what kind of contract you may have.
Legalization of your stay – what should you do?
Foreigners who work in Poland on a basis of an employment contract are subject to Polish labor legislation pertaining to new and expecting mothers. At the same time, though, they need to ensure they will be able to legally stay in Poland after they give birth. The sheer fact of having a baby in Poland does not entitle a person to stay longer than indicated by a visa or a residence card.
This is why a woman should review her legal situation as soon as she learns about her pregnancy to avoid losing the right to stay in Poland right in the midst of the perinatal period. We recommend you use a lawyer working with one of the NGOs – their assistance is free of charge and they will be able to recommend best solutions.
If you have permanent residence permit and an employment contract – you are subject to legislation protecting expectant mothers just like Polish citizens. You don’t need to take any additional steps to modify your stay terms (other than legalizing the stay of your child).
If you have temporary residence and do not need a permit to work in Poland (under the Polish Card, as a spouse to a Polish citizen or a graduate of a Polish higher education institution) and an employment contract – you need to ensure your term of residence is prolonged if your pregnancy will result in prolongation of your contract (this is explained in more detail later in this chapter).
If you have a temporary residence permit and need a permit to be employed in Poland – you have the rights pertaining to expectant mothers stipulated by the Polish legislation, but depending on your individual situation you may only be able to exercise some of them. If you have a temporary contract that expires after your third month of pregnancy but before your due date – your employer is obliged to prolong your contract and additionally to prolong your work permit. Based on the prolonged contract and work permit you will then apply prolonged residence permit. If your residence is to expire before you give birth – remember, you will only be able to prolong the employment contract, the work permit and the residence permit until the date you give birth. The employer will not be obliged to employ you after that (though obviously they have a right to do so). Thus, you will not be eligible for a parental leave.
The legislation pertaining to this situation is ambiguous – so it would be best if you could consult a lawyer to take steps that will be best for you. You can make a free appointment with our lawyer.
Legalizing a stay in Poland because of „other circumstances”
Polish legislation provides a possibility for temporary residence permit to be issued to a foreigner out of various reasons not listed in the act on foreigners. These reasons have to be documented – and it can be a solution for you if you do not have an employment contract but you want to legalize your stay in Poland until you give birth nonetheless. Conditions you have to meet to obtain this kind of permit include insurance, stable source of income and available residence in Poland.
>> Learn more about your rights from our publication „I’m a mom in Poland”
