Act No. 133 / 2020 Coll.
Law on certain social security adjustments related to emergency measures in the year 2020
Valid
Law
Effective from 27.03.2020
133
THE LAW
of 25 March 2020
on certain adjustments to social security in connection with exceptional measures for the epidemic in 2020
Parliament has decided on this law of the Czech Republic:
Emergency measures for an epidemic
(1) For the purposes of this Act, an emergency measure taken by the Government of the Czech Republic at the time of the emergency situation in 2020 due to a health threat related to the demonstration of the occurrence of coronavirus / known as SARS CoV-2 / and an emergency measure issued in 2020 by the Ministry of Health on the basis of § 69 (1) (i), § 69 (2) and § 80 (1) (g) of the Act on Public Health Protection and on the amendment of certain related laws for the protection of the population and prevention of the risk of the emergence and spread of COVID-19 disease caused by the new Coronavar, concerning the prohibition of the personal presence of children, pupils and students in establishments and schools, the closure of which is a claim for medical or a duty leave with a service allowance.
(2) Entitlements under this Act arise only during the period of the emergency measures in the event of an epidemic.
(3) This law applies to legal relationships which are not covered by the directly applicable European Union social security regulation (1).
(1) The competent authority's regulation on the closure of facilities intended for pre-school children pursuant to § 39 (1) (b) (1) of the sickness insurance law or § 70 (2) (f) (1) of the Law on the service relationship of members of the Security Corps shall also be considered as a decision of the establishment to close the facility if it has been taken in direct connection with an exceptional epidemic measure.
(2) In accordance with § 39 (1) (b) (1) and (2) of the sickness insurance law or § 70 (2) (f) (1) and (2) of the Law on the service relationship of members of the Security Corps, equipment intended for the care of persons who are dependent on the assistance of another person at least in Level I (easy dependency) under the Social Services Act shall also be considered.
(3) For the purposes of Section 39 (1) (b) (1) of the sickness insurance Act, the condition of childcare for the closure of a school or special childcare facility, or any other similar facility for children in whose daily or weekly care the child is otherwise, or of the school of which he is a pupil, shall be deemed to have been fulfilled for the purposes of Section 39 (1) (b) (1) of the sickness insurance law, in the period up to 30 June 2020, even if the staff member does not place the child in that establishment or school in view of the possibility of endangering his or the health of other persons living with a household child as a result of the presence of a coronavar called SARS CoV-2 or for other serious reasons; In particular, a significant reduction in the capacity or operational time of facilities for children or schools or the setting up of restrictive regime measures in such facilities introduced in relation to the presence of coronavirus known as SARS CoV-2 shall be considered as another serious reason. The reason for not placing the child in the establishment or school according to the first sentence shall be stated on the prescribed form. The first and second sentences shall apply mutatis mutandis in the case of care in establishments for other persons referred to in paragraphs 2 and 3 (1).
(1) A staff member who is unable to work on account of the care of a person over 10 years of age who is placed in an establishment referred to in Paragraph 2 (2) shall also be entitled to the medical treatment provided that the establishment has been closed by emergency measures in the event of an epidemic.
(2) A staff member who is unable to work in employment because of the care of a child aged over 10 who has not completed 13 years of age, if the conditions laid down in Paragraph 39 (1) (b) (1) or (2) of the sickness insurance law are met, or because of the care of an uninsured child who is dependent on the assistance of another person at least in Level I (easy dependency) under the Social Services Act and cannot attend school because of its closure on the basis of an exceptional epidemic measure. The child's insecurity is assessed under the Pension Insurance Act.
(3) Otherwise, the sickness insurance law shall apply to entitlement to medical fees under paragraphs 1 and 2.
(1) The support period for the nursing care shall be extended by the period during which the closure of the establishment or school took place due to exceptional measures in the event of an epidemic, but no later than 30 June 2020.
(2) According to paragraph 1, even if the supporting period has expired before the date of entry into force of this Act.
(3) Within the framework of the support period provided for in paragraph 1, the replacement provided for in Paragraph 39 (4) of the First Law on sickness insurance shall be possible several times, the replacement being impossible in one calendar day; the conditions for entitlement to the medical and decision-making period shall be assessed for each creditor on the date of the first taking of custody. In the case of replacements according to the first sentence, the medical fees shall be paid to each authorised person for each calendar month for the days of his or her care declared on the prescribed form; the date on which the child (person) was taken care of by the second authorised person shall also be indicated on this form.
(4) The payment of the care allowance for the duration of the period of the support period extended pursuant to paragraph 1 shall be treated mutatis mutandis under Paragraph 110 (3) of the sickness insurance law, unless otherwise provided for in paragraph 3.
The amount of the treatment per calendar day shall be 80% of the daily assessment base from 1 April 2020 to 30 June 2020.
(1) For the duration of the emergency measure in the event of an epidemic, Section 39 (5) (b) of the Sickness Insurance Act shall not apply, if the entitlement to the Sickness Insurance Scheme under Section 39 (1) (b) (1) and (2) of the Sickness Insurance Act or the entitlement to Sickness Insurance under this Act and the need for care is established between 11 March 2020 and 30 June 2020, if the employment agreement or employment agreement was concluded before 11 March 2020. The first sentence of the medical fees shall also apply where, under this Agreement, the staff members were involved in sickness insurance in February 2020 and the need for treatment arose during the duration of this Agreement in the immediately following calendar month in which the staff member is not subject to sickness insurance.
(2) The employer is required to confirm, on the prescribed form issued by the Czech Social Security Administration, all the relevant facts necessary for the assessment of entitlement to medical fees under paragraph 1.
(3) The entitlement to medical and support periods for nursing staff operating under an agreement on employment and under an agreement on the performance of work is valid only for the duration of those agreements.
(1) A member of the Security Corps who is unable to carry out a service due to the care of a child aged 10 years or older who has not completed 13 years of age, provided that the establishment or school has been closed on the basis of emergency measures in the event of an epidemic, shall also be entitled to leave the service provided for in Article 71 (2) of the Law on the service of members of the Security Corps.
(2) A member of the Security Corps who is unable to carry out a service for the care of a person over 10 years of age who is placed in an establishment referred to in Article 2 (2) shall also be entitled to leave the service provided for in Article 71 (2) of the Law on the service of members of the Security Corps, provided that such establishment has been concluded on the basis of an exceptional epidemic measure.
(3) The period of leave of service with the provision of the service income provided for in Article 71 (2) of the Law on the service relationship of members of the Security Corps is extended by the period during which the closure of the facility or school took place due to exceptional measures in the event of an epidemic but no later than 30 June 2020; the same procedure shall apply even if the duty leave has already been exhausted for the same reason before the date of entry into force of this Act.
Efficacy
This Act shall take effect on the day of its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
1) For example, Regulation (EC) No 883 / 2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as amended, Regulation (EC) No 987 / 2009 of the European Parliament and of the Council of 16 September 2009 laying down detailed rules for the application of Regulation (EC) No 883 / 2004 on the coordination of social security systems, as amended, Regulation (EU) No 1231 / 2010 of the European Parliament and of the Council of 24 November 2010 extending the scope of Regulation (EC) No 883 / 2004 and Regulation (EC) No 987 / 2009 to third-country nationals not yet covered by those Regulations solely by their nationality.
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Regulation Information
| Citation | Act No. 133 / 2020 Coll., on certain social security adjustments in connection with emergency measures for the epidemic in 2020 |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.03.2020 |
|---|---|
| Effective from | 27.03.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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