Employers are required to admit employees after maternity, parental or child-care leaves to work in the same jobs as before the leave. Frequently, in view of various changes in the organization, this is impossible (the job was eliminated or merged with another) or unadvisable from the employer’s perspective (e.g. the job was entrusted to another employee who better performs the employee’s duties than the absent employee).

However, it should be remembered that the employer does not have much choice here and has to reinstate the employee to the previous job. It is only when the job was indeed eliminated that the employer identifies an equivalent job or another job corresponding to the employee’s qualifications. Apart from the elimination of the previous job, any other reasons justifying, in the employer’s assessment, the non-admission of the employee to the previous job encumber the employer.

The employer has to be prepared for the possibility of the employee’s questioning the offer of a job different from the previous one (if the previous one still exists) and the accusation of breaching parenthood regulations, which might be punishable with a fine of up to PLN 30,000. Prior to making decisions concerning such individuals it is thus worth assessing possible solutions and the risks they entail.

Find more in the PRO HR June 2021.