Social Security Suspends Sickness Insurance Payments to Pregnant Women

The Ombudsman has approached the Social Insurance Institution in connection with signals that sickness insurance benefits are being withheld from pregnant women for the duration of social insurance coverage checks. The matter was the subject of a meeting at the Ombudsman's Office on September 23, 2025, with the participation of representatives of the Social Insurance Institution and the Women's Rights Team operating under the "Our Ombudsman" Initiative.

During the interviews, it was pointed out that withholding benefits pending administrative proceedings hits pregnant women and young mothers particularly hard. As pointed out, during this period, they often do not have the strength or resources to actively participate in the evidentiary proceedings or use legal remedies.

Social Security representatives declared that the management of organizational units will be recommended to take into account the special situation of pregnant women and just after childbirth.

Fictitious employment? RPO: thesis is not confirmed in practice

The Ombudsman has received complaints and press examples that challenge the established thesis in the jurisprudence that taking up employment during pregnancy is an attempt to instrumentally circumvent the law. The position stresses that: the mere desire to obtain social security benefits does not indicate an intention to circumvent the law, and entering into an employment contract during pregnancy - even if one of the motives is maternity benefits - is not a reprehensible or illegal act.

The ROP recalls that differential treatment of a pregnant woman based on an assumption of abuse of the right can lead to discrimination. In its February 4, 2021 judgment in Jurčić v. Croatia, the European Court of Human Rights indicated unequivocally that decisions denying benefits based on pregnancy status are a manifestation of differential treatment based on gender.

Maternity protection as an obligation of the state

The Ombudsman points out that the current regulations on pregnant women's work and maternity protection derive from both the Polish Constitution and international law. ILO Convention No. 183 emphasizes that the protection of pregnant women is a shared responsibility of the state and society.

Under Article 71 of the Polish Constitution, a mother before and after the birth of her child is entitled to special assistance from public authorities, while the state is obliged to have policies that favor the family and the welfare of the child. Long-term deprivation of benefits can significantly violate these rights.

RPO awaits Social Security's position

Deputy ROP Stanislaw Trociuk asked Pawel Jaroszek, a member of the Social Security Board, to present the official position of the Department on the practice of withholding benefits and how the special situation of pregnant women is taken into account.

The Ombudsman stresses that the actions of state bodies should remain at least non-discriminatory, and preferably pro-family and pro-natalist. Social Security's pending response is expected to provide clarification on whether and what practical changes will be implemented to safeguard the rights of pregnant women and their children.

Source: ZUS