Act No 148 / 2017 Coll.
Act amending Act No. 187 / 2006 Coll., on sickness insurance, as amended, and other related laws
Valid
Effective from 01.02.2018
148
THE LAW
of 19 April 2017
amending Act No 187 / 2006 Coll., on sickness insurance, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the sickness insurance law
Act No. 585 / 2006 Coll., Act No. 2015 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011 Coll.
1. In Article 1 (1), the words "father care after birth" shall be inserted after the words "maternity."
2. In Article 3 (l), the words "entry into the paternity post-natal care allowance 'shall be inserted after the word" maternity'.
3. in Article 3 (u), including footnote 81:
"(u) the father of a child, a man registered as the father of a child in the book of birth81),
81) § 14 of Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the amendment of certain related laws, as amended. '
4. In Article 3, at the end of the text in point (v), the words "; in the case of the award of a child by a court to a common or alternating care (30), the household of each of these parents shall be considered a household '.
5. in Article 4, the following point (c) is inserted after point (b):
"(c) paternity post-natal care allowance (hereinafter referred to as" paternity "),"
Points (c) and (d) shall be renumbered points (d) and (e).
6. in Section 16 of the Introductory Part of the provision, § 21 (1) (b), § 47 (1), first sentence, and § 95 (1) (d), the word "paternity" shall be inserted after the word "maternity aid."
7. In Paragraph 18 (7) (c), the word "paternity 'is inserted after the word" maternity'.
8. In Article 20, at the end of the text of paragraph 2, the words "or more fatherly ones' shall be added.
9. In Paragraph 29, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The amount of sick leave per calendar day shall be 100% of the daily basis of assessment where the insured person has been recognised as temporarily unfit for work or has been ordered to be quarantined as a result of a demonstrably involved in the prevention of fire, the execution of rescue or disposal operations or the performance of the public protection tasks as a member of the unit of the municipality's voluntary fire department called by the Integrated Rescue System Operations and Information Centre. This shall apply mutatis mutandis to a member of the other component of the integrated rescue system which is not in an employment relationship or service relationship to that component. ';
10. in Part Three, the following Title V is inserted after Title IV:
OTCOVSKÁ
Conditions governing entitlement to paternity
(1) A paternity claim
(a) an insured person who looks after the child to whom he is the father;
(b) an insured person who has taken care of a child who has taken care of the parent by decision of the competent authority, provided that the child has not reached the age of 7 on the date of taking over.
(2) The condition for entitlement to self-employed paternity benefits shall be that of participation in insurance as a self-employed person under § 11 for at least 3 months immediately prior to the date of entry into paternity under § 38b (2). The right to a paternal foreign employee shall be subject to participation in insurance as a foreign employee under Paragraph 10 (8) for at least 3 months immediately prior to the date on which the paternal employee was recruited under Article 38b (2).
(3) A father-in-law is entitled only if he has entered a father-in-law for a period of 6 weeks from the date of birth of the child or from the date of taking custody of the child.
(4) In the same case, childcare belongs only to one of the entitled ones. Maternity is only once even if the insured person takes care of more children born at the same time or more children taken care of at the same time; in this case, care for more than one child shall be considered as care for one child.
(5) The right to paternity benefits are not in custody of the insured persons, the sentenced in the performance of the sentence of imprisonment and the persons in the exercise of the security detention.
Support period for paternity
(1) The paternity period is 1 week.
(2) The paternity period begins with the entry into paternity. Admission to paternity shall take place on a date to be determined by the insured person within a period of 6 weeks from the date of birth of the child or from the date of taking custody of the child.
(3) Where a child is placed in an establishment providing continuous care for children for reasons other than health on the part of the child or of the mother, the paternity period shall end on the day on which the child is placed in that establishment. Similarly, if parents have stopped caring for the child and for this reason the child has been given care to replace the care of the parents.
(4) The paternity pay is not interrupted. The father-in-law shall be responsible for the entire support period even if the child dies before the end of the support period.
(5) If, during the period during which the paternity benefits are paid to the insured person, a further paternity benefit is incurred, no further paternity benefit shall be paid for the period during which the claim to the previous paternity is maintained; However, the support period for this additional paternity period shall be fixed as from the date of entry into paternity. In addition, no payment shall be made for working days unless the insured person has been entitled to a paternity allowance of at least one calendar day, which should have been his working day.
Paternity level
The paternity rate per calendar day shall be 70% of the daily assessment basis.
Common provisions on paternity
The decision referred to in paragraphs 38 (a) to (e) and (g) to (i) and the decision of the court to entrust the child to foster care shall be deemed to be the decision of the competent authority to take custody of the child replacing the care of the parent. ';
Current Heads In until VII they shall be referred to as Titles VI to VIII.
11. in Paragraph 39 (2), the second sentence is deleted;
12. in Article 48 (1), the following point (b) is inserted after point (a):
"(b) entitlement to paternity pay over entitlement to sickness and nursing pay,"
Point (b) shall be renumbered (c).
13. In Paragraph 48 (3), the following sentence is inserted after the first sentence: "However, if one of the benefits according to the first sentence is paternity, the sum of the benefits per calendar day shall not exceed the amount of paternity calculated on the daily basis at the level of the third reduction limit; if the total of the doses is higher, the care, sickness and paternity shall be reduced gradually so that the total of the doses does not exceed that of the paternity. ';
14. In Paragraph 97, at the end of paragraph 1, the sentence "If a paternity application is made, the employer shall forward the application to the district social security authority in accordance with the first sentence immediately after the expiry of the period of support referred to in Article 38b. '
15. In Paragraph 109, at the end of paragraph 3, the dot is replaced by a comma and the following point (c) is added:
"(c) when determining the amount of the sickness referred to in Article 29 (2), also by confirming that the insured person is a member of a group of voluntary fire-fighters of the municipality or a member of the other component of the integrated rescue system and that temporary incapacity for work or quarantine regulations have taken place in relation to the facts referred to in Article 29 (2).";
16. In Paragraph 109, the following paragraph 7 is inserted after paragraph 6:
"(7) The right to paternity pay applies to the prescribed form. For paternity payments in the case referred to in Article 38a (1) (b), further proof must be provided that the applicant has taken custody by decision of the competent authority (Article 38d). '
Paragraph 7 shall become paragraph 8.
17. in the first sentence of Paragraph 110 (2), the word "paternal" shall be inserted after the word "Incompetent."
18. In Article 145 (2), "up to 6 'is replaced by" up to 7';
Transitional provisions
1. Entitlement to the paternity post-labour benefit arises if the child was born 6 weeks before the date of entry into force of this Act.
2. Entitlement to the paternity post-partum benefit shall arise if the child has been taken into custody in the six weeks preceding the date of entry into force of this Act replacing the care of the parents.
3. If the entitlement to the sickness payment is established before the date of the entry into force of this Act and this entitlement is maintained at least on the date on which this Act became effective, the certificate referred to in Section 109 (3) (c) of Act 187 / 2006 Coll., as effective from the date of entry into force of this Act, shall be provided for by the insured person to the competent district social security administration, as provided for in Section 109 (3) (c) of Act 187 / 2006 Coll., as effective from the date of entry into force of that Act.
Amendment of the Act on the organisation and implementation of social security
In Article 37 (1) (e) of Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 590 / 1992 Coll., Act No. 307 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 160 / 1995 Coll., Act No. 189 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 305 / 2008 Coll., Act No. 306 / 2008 Coll., Act No. 458 / 2011 Coll., Act No. 470 / 2011 Coll., and Act No. 344 / 2013 Coll., the words "the period during which it lasted for the support period of paternity care under the Law on sickness insurance," shall be inserted after the word "alone.
Amendment to the Pension Insurance Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011.
1. in Article 5 (2) (g), the words "and at the time of paternity post-natal care" shall be inserted after the word "nursing care."
2. in Article 16 (4) (a), the words "the period for which the support period for paternal postnatal care under the special legislation (5e) has lasted," shall be inserted after the word "attendance."
3. In Paragraph 52 (1) (b), the word "education 'is replaced by the word" care' and the words "or joint upbringing of spouses 37), including the footnote, are deleted.
4. At the end of paragraph 1, the sentence "The condition of the required period of insurance for entitlement to an invalidity pension shall also be deemed to have been fulfilled for the purposes of entitlement to an orphan's pension if at least one year of the period of insurance referred to in paragraphs 11 and 13 (1) before the date of death in the period referred to in paragraph 40 (2) first sentence or, if the insured person is older than 38 years, if at least two years of the period of insurance referred to in paragraphs 11 and 13 (1) before the date of death in the period referred to in paragraph 40 (2) second sentence have been obtained."
5. In Paragraph 52 (5), the words "the education of another person or the joint upbringing of spouses 37) 'are replaced by the words" care replacing the care of parents by a decision of the court to entrust the child to the care of another person'.
Transitional provision
Entitlements for the orphan's pension referred to in § 52 of Act No. 155 / 1995 Coll., as effective from the date of entry into force of this Act, the conditions of which were fulfilled before the date of entry into force of this Act but did not give rise to entitlement before that date, shall be assessed in accordance with Act No. 155 / 1995 Coll., as effective from the date of entry into force of the Act; an orphan's pension shall be granted in such cases at the earliest from the date of entry into force of this Law.
Amendment of the Act on the service relationship of members of the Security Corps
Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps, as amended by Act No. 186 / 2004 Coll., Act No. 436 / 2004 Coll., Act No. 586 / 2004 Coll., Act No. 626 / 2004 Coll., Act No. 169 / 2005 Coll., Act No. 253 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 530 / 2005 Coll., Act No. 189 / 2006 Coll., Act No. 531 / 2006 Coll., Act No. 375 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 306 / 2008 Coll., Act No. 326 / 2009 Coll., Act No. 341 / 2011 Coll.
1. In the first sentence of Article 66 (3), the words "for the period when a paternity allowance is paid to a member, hereinafter referred to as" paternity ', shall be inserted after the words "taking up leave'. '
2. In the first sentence of Paragraph 66 (5), the part of the sentence in front of the semicolon is replaced by the words "If a member has been recognised as unfit for duty during the period of leave, if he is treated by a sick family member or if he is paid by a father, he shall be suspended '.
3. In Paragraph 78 (2), the first sentence is replaced by the following: "For a member, the incapacity to serve, the quarantine order or the payment of a paternal apology is an obstacle to service."
Amendment of the Labour Code
In Article 192 (1) of the Fourth Act No. 262 / 2006 Coll., the Labour Code, as amended by Act No. 261 / 2007 Coll., Act No. 305 / 2008 Coll., Act No. 326 / 2009 Coll., Act No. 364 / 2011 Coll. and Act No. 365 / 2011 Coll., the words "or monetary assistance in motherhood 63) 'are replaced by the words", monetary assistance in motherhood 63) or the levy on paternal postnatal care 113)'.
footnotes 63 and 113 read:
"63) § 33 of Act No. 187 / 2006 Coll.
113) § 38b of Act No. 187 / 2006 Coll., as amended. '.
EFFECTIVE
This Law shall take effect on the first day of the ninth calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 148 / 2017 Coll., amending Act No. 187 / 2006 Coll., on sickness insurance, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.05.2017 |
|---|---|
| Effective from | 01.02.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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