Act No. 154 / 1969 Coll.
Maternity allowance law
Valid
Effective from 01.07.1970
154
THE LAW
of 18 December 1969
on the maternity allowance
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Purpose of the law
In order to improve population development, a maternity allowance is granted to working women when they are taking care of children and do not have income from work at that time, according to other provisions of this law.
Personal Range
(1) This law applies to:
(a) employment workers;
(b) members of production cooperatives;
(c) members of single agricultural cooperatives and of citizens who are permanently working in a single agricultural cooperative and who are not yet members of, or in employment with, the single agricultural cooperative ("cooperative peasants"),
(d) active-duty soldiers, members of the armed security corps and corps;
(e) individually managing peasants and other women self-managing as well as cooperating members of families of individually managing peasants and other self-managing persons, *)
(f) apprentices, pupils and students in daily studies at schools providing secondary, higher or higher education, as well as pupils of military schools;
(g) citizens providing services and repairs on the basis of permission from the National Committee, * *)
(h) women who, after the end of their employment (work), membership of the production cooperative, school attendance or studies are kept in the register of the National Committee as candidates for employment, * * *)
(ch) writers, music composers, artists, architects, scientists, journalists, performers and performers, recognized by the relevant top idea organization (the artist), +
(i) other women participating in occupational sickness insurance as regards their maternity rights. + +)
(2) Where workers are referred to in this Act, the women referred to in the preceding paragraph shall be understood as such; in which employment is referred to, including military services, armed security corps and corps, as well as studies.
Conditions of entitlement
(1) A worker who has decided to take care of a child under one year of age instead of having a job (work) shall be entitled to a maternity allowance if:
(a) have been employed for at least 270 days in the last two years before birth;
(b) takes proper care of:
1. at least one child under one year of age and, in addition, properly caring for another child or children (own or taken up into permanent care replacing maternity care) in the age up to the end of compulsory education or in the child under 26 years of age requiring permanent care; or
2. at least one child of her own under one year of age, if she is an unmarried, widowed, divorced or for other serious reasons lonely who does not live with the species; and
(c) at the time of such care, he shall not be entitled to pay (salary, salary, other income from the occupation) or to receive cash benefits of sickness insurance (sickness insurance, maternity and child security, armed care), replacing the salary or allowance before starting a new employment, *) pre-employment allowance * *) or pre-employment allowance during the period of training. * * *)
(2) A staff member who has taken over a child under one year of age into permanent care replacing the maternity allowance shall also be entitled to the maternity allowance, even if she takes care of that child all day and properly, provided that the other conditions referred to in points (a) and (c) of paragraph 1 are met; the condition of the period of employment (work) shall be determined on the date from which the worker took the child into her permanent care.
(3) A child who has been taken into custody by a decision of the competent authority or a child whose mother has died shall be considered to be taken into permanent care replacing maternity care.
(4) The maternity allowance shall also be entitled to an unmarried, widowed, divorced or for other serious reasons a single worker [paragraph 1 (b) (2)], even if she is employed if, for serious reasons, a child under one year of age could not have been placed in a nursery and, during the period of employment (work), she otherwise provided the child with the necessary care by a person other than the parents, grandparents or siblings of the worker.
(5) The maternity allowance is also due if the worker has completed her employment (work) before childbirth, or if necessary by taking the child into permanent care, and from the end of the employment (work) until the date of birth (taking over the child), the period has not expired for more than nine months.
(6) The maternity allowance belongs only if the children referred to in the preceding paragraphs have citizenship of the Czechoslovak Socialist Republic and live in its territory.
Maternity allowance period
(1) Maternity allowance shall be granted no longer than the day on which the child reaches one year of age, even if, after giving birth to that child, another child has died (Paragraph 3 (1) (b), completed compulsory schooling or the disabled has reached the age of 26, ceased to be disabled or the need for permanent care has ceased.
(2) If the child is under one year of age or a worker for health reasons in a constitutional treatment period of more than three months, the maternity allowance shall not start for the fourth month. However, the competent authority (Section 12) may, for serious reasons, decide to continue to grant the maternity allowance.
Maternity allowance
(1) The maternity allowance is paid by the worker
| o jedno dítě do jednoho roku věku | 500 Kčs |
| o dvě děti do jednoho roku věku | 800 Kčs |
| o tři a více dětí do jednoho roku věku za kalendářní měsíc. | 1200 Kčs |
(2) If the maternity allowance is due only for part of a month, it shall be paid by the
| o jedno dítě do jednoho roku věku | 16 Kčs |
| o dvě děti do jednoho roku věku | 26 Kčs |
| o tři a více dětí do jednoho roku věku za kalendářní den. | 40 Kčs |
(3) The maternity allowance is granted monthly in advance.
Exceptional provision of maternity allowance
Where a worker receives sickness, maternity benefit or pre-employment allowance, pre-employment allowance or pre-employment allowance for the period of training, an amount lower than that of the maternity allowance and a worker otherwise fulfils the other conditions of entitlement to the maternity allowance, she shall be granted a maternity allowance equal to the difference between that allowance and that allowance and, where appropriate, the pre-employment allowance, the pre-employment allowance or the allowance for the period of training for the profession.
Concentrations of entitlements
Where a worker fulfils the conditions for entitlement to a maternity allowance from two or more employment (work activities), the maternity allowance shall be granted only once, namely employment (work activities) in which the worker has achieved a higher earnings.
Modification and reimbursement of the maternity allowance
(1) Where the facts relevant to the entitlement to or the amount of the maternity allowance change or fall, or where the maternity allowance has been granted on the basis of an error, the maternity allowance shall be withdrawn or reduced or the payment of the maternity allowance shall cease on the date on which one of those reasons for such measures occurred; However, if the maternity allowance has already been paid, the withdrawal, reduction or cessation of payment shall take place from the day following the last day for which the allowance has already been paid. An increase in the maternity allowance shall be made from the date on which it is due, provided that the entitlement to the maternity allowance for each calendar month is not barred.
(2) If the worker has caused the maternity allowance to be paid unjustly or to an incorrect amount, she shall be obliged to repay the allowance; This is particularly true if the contribution has attracted, withheld or failed to fulfil any other serious obligation imposed by this law. The body responsible for deciding on the grant or withdrawal of the maternity allowance shall decide on the obligation to repay the excess (Section 12). Amounts wrongly received if the worker is obliged to return them on the basis of an enforceable decision, may also be deducted from the maternity allowance normally paid or subsequently granted, or from salary or other income; the provisions on amounts which cannot be confiscated in the course of the execution of judgments by a wage deduction apply mutatis mutandis. *)
(3) Repayment of amounts wrongly paid may be requested no more than one year from the date on which the competent authority finds that the maternity allowance has been unduly paid but no more than three years after its payment.
Limitation of entitlement to the maternity allowance
The entitlement to a maternity allowance for a calendar month shall be limited by one year from the last day of the month for which the allowance was due.
Reimbursement
Expenditure incurred in providing the maternity allowance shall be borne by the State.
Organisation and management
Application of entitlement
(1) Entitlement to the maternity allowance
(a) workers in employment and women who are involved in sickness insurance as a worker with an organisation carrying out their sickness insurance;
(b) members of production cooperatives of the cooperative in which they are active;
(c) cooperative peasants of the single agricultural cooperative in which they are active;
(d) active-duty soldiers, members of the Armed Security Corps and members of the Correctional Education Corps of the institutions carrying out their sick care;
(e) other staff at the district national committee responsible for their permanent residence.
(2) A worker who has been entitled to a maternity allowance in the cases referred to in Article 3 (5) shall claim that allowance from one of the organisations or, where appropriate, from the authorities referred to in the previous paragraph, which was responsible for them at the time of termination of employment (work).
Maternity authorities
(1) The maternity allowance is decided by the authority responsible for carrying out the sickness insurance (sickness insurance, armed care); the rules on sickness insurance (sickness insurance, occupational sickness care), which the worker was last involved in, shall apply mutatis mutandis to the decision on the maternity allowance, the procedure and the payment thereof, unless otherwise provided for in this law.
(2) In other cases, the district national committee decides on the maternity allowance (§ 11 (1) (e)); it shall proceed in accordance with the administrative rules. The maternity allowance shall be paid by the district national committee no later than the 15th day of the calendar month following the month in which the conditions for entitlement to the allowance have been fulfilled.
(3) The rules on occupational sickness insurance shall apply mutatis mutandis to the tasks of the establishments and sickness insurance authorities as well as to the reporting, settlement and payment of the maternity allowance between establishments and sickness insurance authorities.
Obligations of the worker
(1) A worker who has claimed a maternity allowance is required to certify the facts required to decide on the maternity allowance.
(2) The staff member shall report any changes in the facts relevant to the entitlement to or termination of the maternity allowance or to the amount and payment of the maternity allowance no later than 15 days after the date on which the change occurred.
Employment period
(1) Until the 270 days of employment (work) required for entitlement to the maternity allowance, the periods in which the worker is counted are:
(a) have been involved in sickness insurance for workers or members of production cooperatives;
(b) have been involved in sickness care in the armed forces;
(c) have been involved in the provision of cooperative peasants under the social security rules or pension insurance rules for individual farmers and other self-employed persons;
(d) have been involved in the protection of artists under the social security rules;
(e) have been involved in the pension scheme of citizens providing services and repairs on the basis of the authorisation of the national committee;
(f) have been involved in the security of pensioners in sickness;
(g) receive sickness insurance, maternity benefit or maternity allowance after the death of the insurance or other care;
(h) she studied at a school providing secondary, higher or higher education after completion of compulsory education;
(ch) have been kept in the register of the National Committee as a candidate for employment after the end of employment (work), membership of the production cooperative, school attendance or study.
(2) Where the periods referred to in the preceding paragraph cover each other in time, they shall be counted only once.
Synergies of healthcare establishments and bodies responsible for child and youth care
Medical establishments and childcare authorities shall report in their field of competence to the authorities responsible for deciding on the entitlement to the maternity allowance the circumstances relevant to the establishment and duration of the entitlement to the maternity allowance.
Elimination of hardness
The hardships that would occur in the implementation of this law may eliminate:
the district sickness insurance administration, if it is a worker participating in occupational sickness insurance,
the relevant association of production cooperatives, if they are members of such cooperatives, participating in sickness insurance of members of production cooperatives,
the competent authorities responsible for the removal of hardships in the armed forces sickness care sector, in the case of a soldier in active employment, a member of the armed security corps and a member of the corrigendum corps;
in other cases, such hardness may be removed by the District National Committee.
Transitional and final provisions
Workers who, on 1 July 1970, care for a child under one year of age and fulfil the other conditions laid down in this Act shall be granted a maternity allowance from 1 July 1970 for the period laid down by this Act.
The Federal Ministry of Labour and Social Affairs may, in agreement with the Central Council of the Czechoslovak Revolutionary Trade Union Movement and the competent central authorities, lay down details for the implementation of this Act, in particular on how entitlement to the maternity allowance is claimed and reported, settled and reimbursed.
This Act shall take effect on 1 July 1970.
Freedom v. r.
Dr. Hanes v. r.
Ing. Cernik v. r.
*) § 1 (3) and § 21 of Decree No. 105 / 1964 Coll., on the pension insurance of individual farmers and other persons self-employed and on the provision of provision allowance to members of their families, as amended by Regulations No. 93 / 1968 Coll. and No. 181 / 1968 Coll.
* *) part of Part Two of Decree No. 21 / 1965 Coll., on Pension Insurance, Diseases Insurance and Preventive and Medical Care of certain citizens active in the provision of services, as amended by Decree No. 94 / 1968 Coll.
* * *) Decree No. 182 / 1968 Coll., on maternity benefits and child allowances of jobseekers
+) § 59 et seq. of Decree No. 102 / 1964 Coll., implementing the Social Security Act, as amended by Regulations No. 91 / 1968 Coll. and No. 179 / 1968 Coll.
+ +) Act No. 54 / 1956 Coll., on sickness insurance for employees, as amended by Acts No. 16 / 1959 Coll. and No. 87 / 1968 Coll., and Regulations issued pursuant to it, in particular Decree No. 190 / 1958 Ú. l., on sickness insurance and pension insurance for officials of national committees, and Part One of Decree No. 21 / 1965 Coll.; Regulations establishing for certain groups of workers participation in occupational sickness insurance, in particular Act No. 36 / 1964 Coll., on the organisation of courts and on the election of judges, as amended, and Act No. 57 / 1963 Coll.
*) Decree No. 86 / 1967 Coll., regulating workers' redundancy and placement and physical security in connection with the liquidation of inefficient operations and other rationalisation measures, as amended by Decree No. 132 / 1968 Coll.
* *) § 72 of Act No. 101 / 1964 Coll., on Social Security, as amended by Acts No. 89 / 1968 Coll. and No. 161 / 1968 Coll., and § 94 of Decree No. 102 / 1964 Coll.
* * *) § 72 of Act No. 101 / 1964 Coll., § 95 of Decree No. 102 / 1964 Coll., § 108 of Act No. 103 / 1964 Coll., on social security of cooperative peasants, as amended by Act No. 141 / 1965 Coll., No. 116 / 1967 Coll., No. 89 / 1968 Coll. and No. 161 / 1968 Coll. and § 78 of Decree No. 104 / 1964 Coll., implementing the Act on social security of cooperative peasants, as amended by Decree No. 142 / 1965 Coll., No. 117 / 1967 Coll., No. 92 / 1968 Coll.
*) § 276 et seq.
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Regulation Information
| Citation | Act No. 154 / 1969 Coll., on maternity allowance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1969 |
|---|---|
| Effective from | 01.07.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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