Nurseries and kindergartens can't demand certificates about child's health

At the moment, parents are coming to GP clinics to request certificates on their child's health and the absence of any contraindications to admission to nurseries and kindergartens. These documents are demanded by the facilities!

Meanwhile, in accordance with the law - medical certificates and certificates may be issued "at the request" of the recipient only in specific situations defined by law, including.: further treatment, rehabilitation, inability to work, continuation of education, participation of children, pupils, students of teacher training institutions and students in sports activities and organized recreation, as well as for: the purposes of social welfare, support for the family and the system of foster care, disability certification, obtaining a nursing allowance, obtaining a supplementary benefit for persons incapable of independent existence, or determining the cause and type of injuries related to domestic violence.

...- Certificates "for the nursery" are not included in this catalog. It is also impossible to consider such a certificate to be related to the continuation of education, since the crèche is not part of the educational system. Nor is it part of the system of family support or foster care. In the case of nursery schools - the Education Law indicates exactly what documents parents or guardians should submit at the time of admission of their child to the institution. There is no medical certificate among them - which only confirms that the legislator has not introduced a legal basis for requiring it from doctors and has not imposed an obligation on doctors to issue it. Even if the management places such a provision, for example, in the statute or contract, it has no legal force and cannot force parents to provide a certificate. Only in justified situations (e.g., allergy, celiac disease, chronic diseases) can parents voluntarily provide data on their child's health - not as a certificate, but rather in the form of information or a statement, so that the institution can provide safe conditions for the child (e.g., proper diet or care)," comments Bożena Janicka. - Since doctors are not required to issue such a document, parents cannot be obliged to provide it. Internal regulations of a nursery or kindergarten or contracts with parents cannot create an obligation that does not exist in the law! - follows from the position of the Children's Ombudsman.

Source: PPOZ