Decree No. 143 / 1965 Coll.
Decree of the Central Council of Trade Unions on the provision of cash benefits in sickness insurance
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Effective from 01.01.1966
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143
DECLARATION
Central Trade Union Councils
of 15 December 1965
on the provision of cash benefits in sickness insurance
The Central Council of Trade Unions shall determine, pursuant to Sections 9, 23, 51 (1) and 63 (2) and (3) of Act No. 54 / 1956 Coll., on sickness insurance for employees, as amended by Act No. 16 / 1959 Coll., and pursuant to Section 5 of Act No. 67 / 1965 Coll., on certain changes in sickness insurance:
Sickness
Accruable income
The allowance payable (1) shall be collected in the organisation in which the staff member is employed at the time when the entitlement to sick leave was acquired or, where appropriate, if this entitlement was acquired after the end of the period of employment, * * *) in the organisation in which he was last employed.
Applicable period
If the employee had a deductible income during the relevant period, but according to Article 18 (1) of Act No. 54 / 1956 Coll., on the sickness insurance of employees, as amended by the Act of the Czech National Council No. 37 / 1993 Coll., there is not one calendar day to be divided by the assessment basis, it is treated mutatis mutandis according to Article 18 (5) of Act No. 54 / 1956 Coll., as amended by the Act of the Czech National Council No. 37 / 1993 Coll.
Daily assessment basis
(1) In determining the daily assessment basis pursuant to Article 18 (1) of Act No. 54 / 1956 Coll., as amended by the Act of the Czech National Council No. 37 / 1993 Coll., the calendar days in which the staff member is not entitled to compensation for income are not considered to be part of the day, However, if, on that date, the staff member was subject to deductible income for part of the working time and for the remainder of the working time he had an excused absence of work due to incapacity for work (quarantine), that day shall not be included in the number of calendar days corresponding to the relevant period.
(2) For a staff member whose number of calendar days corresponding to the relevant period, according to the first and second sentences of the first and second sentences of Act No. 54 / 1956 Coll., as amended by the Act of the Czech National Council No. 37 / 1993 Coll., is less than six days, less than six days shall be regarded as non-income-compensation days, 41).
Work accident
(1) An accident at work in respect of the provision of sick leave is an accident suffered by the staff member in the performance of his or her employment duties in the establishment of sickness insurance or in the direct connection with the performance of those tasks.
(2) An accident at work is equated to an occupational disease under the pension scheme. * *)
(3) If an incapacity for work arises as an immediate consequence of a protective vaccination or other preventive medical operation to which the staff member has been subjected in connection with his employment, the provision of sick leave shall be treated as an incapacity for work due to an accident at work.
From the point of view of Article 15 (4) of Act No. 54 / 1956 Coll., the first incapacity of work which arose as an immediate result of an accident at work is regarded as a work incapacity. If a staff member has entered work after the end of that incapacity for work and has become incompetent again within two months of such recruitment and if that second incapacity for work is based on a medical opinion as a result of the same accident at work, it shall be considered as a continuation of the original incapacity for work arising from the accident at work.
Provision of sick leave
(1) If the staff member has become unfit for work or has been ordered to be quarantined for unpaid leave (unpaid leave), he shall not be granted sick leave for the period during which the leave (leave) takes.
(2) Paragraph 1 shall not apply to leave of employment granted to staff members under employment allowance and economic security rules for learners at work or under similar rules; This leave is not an obstacle to the provision of sick leave.
(3) If a worker has not been entitled to maternity benefit on maternity leave, she shall be entitled to sickness benefit for as long as she is unable to work or is in a hospital, including in connection with childbirth. A worker on maternity or parental leave shall be entitled to sick leave if the conditions for entitlement to them are fulfilled and the provision of cash assistance in maternity has been interrupted; This applies mutatis mutandis to a staff member who has been suspended from providing financial assistance.
Incapacity for work or constitutional care in a health care institution in respect of the provision of sick leave is not the treatment of an employee
- in a night nursing home,
- in a night psychiatric sanatorium,
- in an anti-alcohol facility intended for the treatment of citizens after the consumption of alcoholic beverages for reimbursement of costs (in the so-called alcoholic detention centre),
- in the Cosmetic Institute for Compensation.
Disability shall not be provided when treated in such establishments.
Disability in the run-up of insurance from several jobs
If a staff member simultaneously carries out work in several employment-based sickness insurance, he shall be entitled to sickness benefit from each such employment. The conditions for the provision of sick leave shall be assessed separately in each of these employment except for the calculation of previous periods of incapacity under Article 15 (4) of Act No 54 / 1956 Coll. and the sickness leave shall also be paid separately in each of them.
(1) If, during the period of employment, a staff member has entered another employment in which he is working instead of working in the first employment, not in parallel with him, and his incapacity for work has arisen during the duration of another employment, he shall be entitled to sickness only from that additional employment.
(2) If a staff member enters another employment when he is on leave for recovery in his basic employment, the conditions for the provision of sick leave in each of those two employment shall be assessed separately. However, sick persons on the grounds of employment during the period of leave for recovery shall be granted only if the incapacity for work (quarantine) arises at the time when the employment took place; provided only until the day on which the employment was to end, but no longer than the day on which the vacation was to end.
Support period
(1) The period of support for the provision of sick leave *) shall begin on the date on which the staff member was recognised as unfit for work. If there is an incapacity for work before the date on which the staff member belongs to the sick leave (for example, if it occurs at the time of unpaid leave, at the time of detention, etc.), the support period shall also begin on the date on which the incapacity occurs.
(2) The previous periods of incapacity for work are included in the support period to the extent and under the conditions laid down in Section 15 (4) of Act No 54 / 1956 Coll. without account being taken of whether the staff member was a member of the sickness insurance or medical care in the armed forces during those periods.
(3) The previous period of quarantine shall not be included in the support period. The period of incapacity for work falling within the period of maternity or parental leave shall not count until the next period of support, except for the period during which the sick leave was granted (Section 25 (3)).
Provision of sick leave after exhaustion of support period
If the staff member has exhausted his support period (paragraphs 15 (3) and (4) of Act No. 54 / 1956 Coll.), he shall be suspended from the day following the last day of the support period. However, if, on the basis of the opinion of the competent authority, it is possible to expect that the staff member will regain working capacity shortly after the end of the support period, the provision of the sick leave may be extended for a further period of time. The provision of sick leave shall normally be extended for a period not exceeding three months; on expiry of the authorised period, the provision of sick leave may be extended, where appropriate, depending on the health conditions of the worker. The sickness benefit may be granted for a maximum period of one year from the end of the support period.
Sickness pay
The sickness payments shall be made on the days specified in the organisation for the payment of the advance on wages and the payment of the salary for the past month's period; shall be settled on the balance of the salary supplement for this month.
Support for family care
(1) The provisions of the first section shall apply mutatis mutandis to the determination, granting and payment of the aid for the treatment of a member of the family, with the fact that the facts to be ascertained at the date of the incapacity for work shall be established on the date of the need for the care of the member of the family.
(2) Aid for the treatment of a member of the family does not belong to a member of the family or to a child under 10 years of age for which the staff member is entitled.
(1) If a woman who otherwise takes care of an employee's child under 10 years of age cannot take care of them because she has given birth, the need for care of the child is assessed as in the case of the illness of such a woman (§ 25 (1) (2) (c) of Act No. 54 / 1956 Coll., the sickness insurance of employees, as amended by Act No. 87 / 1968 Coll.).
(2) The need to treat a member of the family because of illness (§ 25 (1) No 3 of Act No. 54 / 1956 Coll. as amended by Act No. 87 / 1968 Coll.) is equated to the need to treat a member of the family who gave birth immediately after birth.
(3) An employee (employee) single, widowed, divorced or for other serious reasons who is not living with a spouse (type) 12 or in a registered partnership shall be regarded as otherwise lonely for the purposes of support for the treatment of a family member.
(4) For the purposes of support for the treatment of a member of the family, the period of school holidays following the end of the school year in which the child completes the last year of compulsory education, unless he has entered permanent employment at that time, or started to pursue other permanent work, or started to receive unemployment or retraining aid.
Money aid in motherhood
Birth and abortion
In order to qualify for maternity aid, it is a prerequisite that the worker has given birth. From this point of view, childbirth is considered to be the end of a pregnancy in which a born child has been entered into a matrices. *) An abortion does not give rise to a right to maternity benefit.
Supporting documents for maternity and maternity assistance
The provisions of the first section shall apply mutatis mutandis to the determination, provision and payment of monetary assistance in maternity, with the exception of Section 25.
Compensation for pregnancy and maternity
(1) In pregnancy, a compensatory allowance is granted if the pregnant worker is transferred to another job because the work she had previously done,
(a) is prohibited under labour law for pregnant women * *); or
(b) according to a medical opinion issued in the manner specified in the health care rules, pregnancy is at risk for the health reasons inherent in her person * * *)
and, in the work to which it has been transferred, reaches a lower deductible income than before the transfer.
(2) The transfer referred to in paragraph 1 (a) shall also be considered if the worker is active in the art field (actress, singer, dancer, etc.) is transferred to another job because she cannot perform publicly due to pregnancy.
(3) In motherhood, a compensatory allowance shall be granted if the staff member is transferred to another work in the period up to the end of the ninth month following childbirth or at the time of childbirth (2a) because of the work previously undertaken,
(a) is prohibited under labour law from mothers until the end of the ninth month after birth * *) or during breastfeeding; or
(b) according to a medical opinion issued in the manner specified in the health care rules, it endangers its health or maternity mission or breastfeeding for the health reasons inherent in it * * *)
and, in the work to which it has been transferred, reaches a lower deductible income than before the transfer.
(4) As a transfer to another work referred to in paragraphs 1 and 3, it also assesses - even if there is no change in the type of work - such an adjustment to the working conditions which consists of:
(a) reducing the standard work performance (e.g. reducing the number of machines operated, reducing the speed of the equipment operated, reducing the working rate, introducing necessary breaks at work), eliminating the causes on which such work is prohibited for pregnant women and mothers by the end of the ninth month after birth or during breastfeeding, or which, according to a medical assessment, threaten pregnancy of a woman or her health or maternity leave, or breastfeeding for health reasons inherent in her person, but not in shortening the time of work;
(b) that a pregnant woman or mother is exempted by the end of the ninth month after birth or during breastfeeding from certain work activities which she has previously performed, namely those prohibited by pregnant women and mothers by the end of the ninth month after childbirth or during breastfeeding, or which, according to a medical assessment, threaten the pregnancy of a woman or her health or maternity mission or breastfeeding for health reasons inherent in her person; where, by the end of the ninth month following the birth or during breastfeeding, there is a reduction in the working time of the pregnant woman or mother, such adjustment of the working conditions may not be considered as a transfer to another work;
(c) in the transfer of a pregnant woman or mother by the end of the ninth month following birth or during breastfeeding to another place of work, on the grounds that her current place of work is one which is prohibited from pregnant women and mothers by the end of the ninth month after birth or during breastfeeding, or that commuting to the previous place of work is a threat to the pregnancy, or to her health or maternity or breastfeeding according to her medical assessment;
(d) that the pregnant woman or mother by the end of the ninth month after birth or during breastfeeding is relieved of the night's work.
Calculation and compensation
(1) In determining the average of deductible income pursuant to § 5 paragraphs 4 and 5 of Act No. 88 / 1968 Coll., as amended by the Act of the Czech National Council No. 37 / 1993 Coll. and Act No. 308 / 1993 Coll., for a worker transferred to another work, a day which is excluded from the number of days in a calendar month shall also be considered a day in which the employee had an undeclared absence at work for only part of the working time; no compensatory allowance is granted in pregnancy and maternity for that day.
(2) The amount of the compensatory allowance in pregnancy and maternity per calendar day is rounded up to the nearest crown.
Compensation
The compensatory allowance shall be paid once a month on payment of the salary supplement for the preceding calendar month.
Single sickness insurance benefits
(childbirth and funeral aid)
Common provisions
Entitlements from sickness insurance in the armed forces
If the staff member was called on to serve in the armed forces of the Czech Republic, except for the service of professional soldiers, he is not entitled to cash benefits which would otherwise be due to his sickness insurance personally during the period of service. *)
After the end of the service in the armed forces of the Czech Republic, except for the service of professional soldiers, the staff member whose employment of the founding sickness insurance has remained in the period of such service shall also be entitled to cash sickness insurance benefits if the fact establishing entitlement to the benefit has occurred during the duration of the service or within six weeks of the end of the service, before he has restarted. This also applies to a staff member whose employment has ended, but it has taken at least the day on which a call order was delivered to him or when a decree containing a mass call order concerning him was published.
Entitlements of staff in custody
(1) If the staff member has been taken into custody, he shall not receive benefits which he would otherwise benefit from his sickness insurance for the period during which he is in custody.
(2) Maternity sickness and monetary assistance may be paid for the duration of the detention period, if the conditions otherwise apply, to members of the family of the staff member in custody up to three quarters.
(3) If the staff member has been released from custody and has not been convicted in the related criminal proceedings, he shall be granted the benefit withheld or, if otherwise, the part of him detained, provided that the conditions for granting the benefit are met.
Entitlements of staff in connection with the execution of the custodial sentence
(1) The sickness insurance of a staff member who has been sentenced to prison shall cease during the period of execution of that sentence, even if he is in employment during that period.
(2) The sentenced person shall not be entitled to benefits from his former sickness insurance prior to the date of the sentence during the period of imprisonment. However, if the sentenced prison sentence has taken place at a time when he has been unable to work and has received sick leave, the sickness allowance may be paid to his family members up to a maximum of three quarters if the conditions are met; the condition is that the sentenced person could not have been insured for incapacity for work according to the special treatment of the convicted person's sickness insurance. *) This applies mutatis mutandis to maternity assistance; (a) cash assistance in maternity care may be paid up to three quarters.
If the former employment relationship (3) of the sentenced staff member continues after his release, sickness insurance shall be renewed on the day on which he was released. However, if there is a reason for granting a benefit before or after the release, but before the staff member entered employment again, entitlement to such benefit shall be assessed in accordance with the special arrangements for the insurance of the sentenced.
Surplus sickness and pension * * *)
A staff member may, by written declaration, waive his or her entitlement to sickness benefits if the taking of the sick leave excludes or limits his or her entitlement to the payment of a pension under the pension rules; if they do so, entitlement to sickness benefit shall cease from the date on which the staff member waived his entitlement for the continued duration of the same incapacity for work (quarantine).
Withdrawal period † †)
(1) Staff members who have been entitled to a pension from pension insurance before the end of the period of employment shall, if they have not passed earlier, cease to be entitled to a pension by the end of the last day before the date on which the pension is due; However, the withdrawal period shall not thus cease when entitlement to a widow's, widower's or orphan's pension is established and, in respect of entitlement to maternity benefit, the employee is entitled to a partial invalidity pension after leaving employment.
(3) If the employment of a staff member who was the beneficiary of a pension pension for the duration of that employment has ceased, he shall have a withdrawal period after his employment; However, this does not apply to pensioners referred to in § 73 (1) (c).
(1) The withdrawal period does not result in:
(a) the employment to which the staff member has entered in respect of the duration of his basic employment (employment) and in which he does not carry out his work in parallel with that of that basic employment but instead (Paragraph 32 (1));
(b) the temporary employment to which the staff member entered for the period of his or her leave for recovery (§ 32 (2));
(c) from the employment of an old-age pensioner, in which he is also entitled to an unchanged pension under the Special Regulations (10).
(2) If a student or a student enters a job for or part of a school holiday, the withdrawal period shall end on the last day of the school holiday unless it has passed earlier.
Common provisions on the payment of benefits
(4) Benefits are paid in cash. However, if the participant is unable to collect the benefit, the plant shall immediately give it to him by post; postage charges shall cover the plant by their means. At the request of the creditor, the establishment shall, after any reductions have been made under the relevant legislation2) refer the benefits to its account at the Czechoslovak Money Institute.
(1) Where this decree refers to an employee (employee), this means the persons referred to in § 2 of Act No. 54 / 1956 Coll., as amended.
(2) Where this decree refers to an organisation or establishment, the legal and natural persons referred to in § 17 paragraph 1 or paragraph 3 of the Czech National Council Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by the Czech National Council Act No. 590 / 1992 Coll.
Validity for other employee groups
(4) Save as otherwise provided in the specific legislation, for inmates who are brought up to work in special care establishments.
Transitional and final provisions
(1) If the sickness benefit has been granted before 1 January 1966, its further provision and payment shall continue to be assessed in accordance with the current rules. However, the percentage according to which the amount of the benefit is to be determined shall be redetermined as from 1 January 1966 according to the period of employment which the staff member would have completed under this Decree on 31 December 1966 (§ 19).
(2) The compensation allowance is granted, pursuant to Article 4 of Law No 67 / 1965 Coll. and under that Decree, to an employee who was already transferred before 1 January 1966 for pregnancy or after birth to another work, provided that the conditions laid down in the Labour Code and the provisions on compensation are fulfilled after 31 December 1965.
(3) The provisions of this Order shall apply to the application, establishment, provision and payment of sickness benefits which are decided after 31 December 1965, even if the facts justifying entitlement to sickness insurance occurred before 1 January 1966.
The following shall be deleted:
(a) Order No 258 / 1956 Ú. l., on the provision of cash benefits in staff sickness insurance, as amended by Decree No 184 / 1957 Ú. l.
(b) Decree No 26 / 1957 of the Ú. l., on the increase of incapacity for work for active tuberculosis;
(c) Decree No 238 / 1957 of the Ú. l., on the sickness insurance of voluntary firefighters, civil defence officers, medical professionals of the Czechoslovak Red Cross, blood donors, mountain service members and caregivers;
(d) Decree No 94 / 1958 of the Ú. l., on sickness insurance of lawyers - members of legal advice;
(e) the provisions of Sections 14, 15, 16 and 20 of Decree No 141 / 1958 of the Ú. l., on the sickness insurance of the convicted persons;
(f) Decree No. 147 / 1958 Ú. l., on sickness insurance for participants in organised physical education;
(g) Decree No 44 / 1959 of the Ú. l., on the sickness insurance of apprentices.
This Decree shall take effect on 1 January 1966.
Deputy Chairman of the Central Council of Trade Unions:
Pasty
*) § 113 of the Labour Code No. 65 / 1965 Coll.
1) Act No. 84 / 1972 Coll., on discoveries, inventions, improvements and industrial designs; Decree No. 106 / 1972 Coll., on remuneration of discoveries, inventions, improvements and industrial designs.
1) Section 83 of the Labour Code.
1) This amount is from 750 CZK or 900 CZK for example at 42.5 hours weekly working hours of 17,60 CZK or 21,10 CZK for 42 hours weekly working hours of 17,80 CZK or 21,40 CZK for 41,25 hours weekly working hours of 18,10 CZK or 21,80 CZK.
1) Paragraph 18 (2) of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 148 / 1983 Coll.
1) Article 15 (1) of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by the Act of the Czech National Council No. 37 / 1993 Coll.
1) Article 18 of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 148 / 1983 Coll., on the unification of sickness rates.
2) Sections 84 and 85 of the Labour Code.
2) Section 83 of the Labour Code.
2) For example, Section 299 (1) of the Civil Code.
(2a) Section 239 of the Labour Code.
* *) Article 10 of Decree No. 369 / 1952 Ú. l., implementing the payroll tax law, and Decree No. 320 / 1946 Ú. l., on the valuation of social security benefits in kind
2) § 21 of Decree No. 106 / 1972 Coll.
2) Part I of the Annex to the Decree of the Government of the Czechoslovak Socialist Republic No. 74 / 1982 Coll., on certain adjustments to sickness insurance and pension insurance for miners.
*) Revenue referred to in Articles 1 (2) and 2 (2) of Decree No 88 / 1962 Coll., on the taxation of premiums and rewards
3) For example, Decree No 8 of 1 April 1967 of the Ministry of Mining on coal and wood in the coal industry.
3) Decree of the Government of the Czechoslovak Socialist Republic No. 75 / 1982 Coll., on special additional leave for workers working in underground coal and lignite mines.
* *) § 83 to 85 of the Labour Code
3) Part I and II of the Annex to Government Decree No. 74 / 1982 Coll.
3) Part I and II of the Annex to Government Decree No. 74 / 1982 Coll.
3) § 17 paragraph 4 of the Czech National Council Act No. 582 / 1991 Coll., on the organisation and implementation of social security.
4) For example, the return of the Federal Ministry of Fuel and Energy of 28.9.1973 No 4 / 73 on the wage conditions of workers of the Mining Rescue Service.
4) Article 18 of Act No. 54 / 1956 Coll., on sickness insurance of employees, as amended by Act No. 87 / 1968 Coll. and Sections 14 to 20 of Decree No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance.
4) Decree No. 165 / 1979 Coll., on sickness insurance of certain workers and on the provision of sickness insurance benefits to citizens in special cases.
* * *) § 42 paragraphs 2 and 3 of Act No. 54 / 1956 Coll., on Disability Insurance of Employees, and § 71 to 74 of this Order
5) Paragraph 87 (2) of the Labour Code.
5) Sections 84 and 85 of the Labour Code.
†) § 71 of the Labour Code
6) Sections 96 and 116 of the Labour Code.
6) Part I and II of the Annex to Government Decree No. 74 / 1982 Coll.
† †) § 232 to 239 of the Labour Code
7) § 43 to 45 of the Criminal Act.
7) Paragraph 18 (1) of Act No. 54 / 1956 Coll. as amended by Act No. 87 / 1968 Coll.
Section 153 of the Labour Code
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Regulation Information
| Citation | Decree No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1965 |
|---|---|
| Effective from | 01.01.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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