Full text of Act No. 189 / 1988 Coll.
Law on the extension of maternity leave, maternity benefits and allowances for children from sickness insurance (full text as resulting from subsequent amendments and additions)
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189
_
Announces
the full text of the Act of 27 June 1968 No 88 Coll., on the extension of maternity leave, on maternity benefits and on the allowance for children from sickness insurance, as follows from the amendments and additions made by the Act of 14 December 1972 No 99 Coll., by the Act of 23 June 1982 No 73 Coll., by the Act of 20 June 1984 No 57 Coll., by the Act of 13 November 1984 No 109 Coll., by the Law of 23 June 1987 No 51 Coll. and by the Law of 16 June 1988 No 103 Coll.
THE LAW
on the extension of maternity leave, maternity benefits and allowances for sickness insurance children
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
DURATION OF MOTHER IMPORTED
(repealed)
MONEY BENEFITS FOR THE GROUNDS FOR SUCH NATURE, NATURE AND MATTER
(1) Because of pregnancy, childbirth and maternity, the following benefits are granted in sickness insurance ("maternity benefits"):
(a) compensation for pregnancy and maternity,
(b) maternity assistance; and
(c) support for the birth of a child.
(2) The benefits referred to in paragraph 1 are cash benefits of sickness insurance.
Qualifying heading
(1) Maternity benefits under this Act belong to:
(a) workers participating in sickness insurance under Act No. 54 / 1956 Coll., on occupational sickness insurance, as amended by Acts No. 16 / 1959 Coll. and No. 87 / 1968 Coll. (hereinafter referred to as "the sickness insurance Act") and the rules issued pursuant to it;
(b) members of production cooperatives participating in sickness insurance of members of production cooperatives v.1)
(2) Where a worker is referred to in this law, the member of the production cooperative referred to in paragraph 1 shall also be understood as such.
(3) Aid for the birth of a child also belongs to the family members of workers and members of production cooperatives participating in sickness insurance. 2)
EDUCATION CONTRIBUTION IN NATURE AND MATTER
(1) A worker who has been engaged in a job which is prohibited from pregnant women or who, according to a medical opinion, threatens to become pregnant and is therefore temporarily transferred to another work in which she has achieved a lower wage than that of the previous work, is entitled to a compensatory allowance from sickness insurance.
(2) The provisions of the preceding paragraph shall apply mutatis mutandis to mothers until the end of the ninth month following birth.
(1) The compensatory allowance for pregnancy and maternity ("the compensatory allowance") is granted at the rate of the difference between the average earnings earned by the worker after deduction of the wage tax before transfer to another work and the earnings earned after deduction of the wage tax in each calendar month following such transfer. The reduction in the earnings incurred by the worker by negotiating a shorter working time shall not be taken into account. Nor is that part of the earnings before transfer to another work, which, after deduction of the payroll tax, exceeds 750 CZK on average per week, taken into account; This limit shall be converted into an hour of work according to the length of the specified weekly working time applicable to the operation in which the worker.3)
(2) The compensation allowance shall be granted for the period for which the worker was entitled to pay or compensation after transfer. During pregnancy, maternity leave shall be granted no later than the beginning of the maternity leave and after the termination of maternity leave no longer than the end of the ninth month following delivery.
MONEY AID IN MATTER
Conditions of entitlement
(1) Money assistance in maternity care belongs to the worker if she has been involved in at least 270 days of sickness insurance during the last two years prior to childbirth (§ 3 (1)).
(2) Early periods are also included in 270 days in which workers in the last two years before childbirth
(a) have been involved in the armed forces in sickness care;
(b) have been involved in the security of pensioners in sickness;
(c) have been involved in the security of artists, citizens providing benefits in kind and performance on the basis of the authorisation of the national committee or cooperative peasants under the social security rules or pension insurance rules of individual farmers and other self-employed persons;
(d) receive sickness or maternity benefits after the death of the insurance or other care;
(e) has been kept in the national committee register as a candidate for employment after the end of the term of employment, membership of the production cooperative, school attendance or study.
(3) Where the periods referred to in the preceding paragraphs coincide with one another, they shall be counted only once.
(4) The maternity allowance shall also be paid to a woman who, in the last two years prior to childbirth, has participated in at least 270 days of insurance (care, security) under the preceding paragraphs, if the period of detention from her former sickness insurance 4) is still at the beginning of the sixth week preceding the expected or actual date of birth, or if, until the beginning of that week, she receives sickness insurance from her former sickness insurance.
Duration of maternity allowance
(1) Cash assistance in maternity shall be provided instead of wages or sickness. It shall be granted for a period of 28 weeks of maternity leave from the beginning of the sixth week before the expected date of birth, but not from the beginning of the eighth week before that date, unless otherwise specified.
(2) If the worker has spent less than six weeks on maternity leave before childbirth, because the birth occurred before the doctor has determined it, the maternity allowance shall be granted until the expiry of the period laid down in the preceding paragraph or Paragraph 10. However, if a worker has spent less than six weeks on maternity leave before childbirth for another reason, she shall be granted maternity assistance only until 22 weeks after the date of birth, and if she is a worker referred to in Section 10, only until 31 weeks after the date of birth.
(3) If a worker who is entitled to maternity benefit is granted sick leave until the beginning of the sixth week before the expected date of childbirth, she shall be entitled from the beginning of that week instead of maternity sickness benefit.
(4) In the cases referred to in Paragraph 6 (4), monetary assistance in maternity shall be granted from the beginning of the sixth week before the expected date of birth.
Amount of monetary assistance in maternity and the way in which it is determined and provided
(1) Money assistance in maternity shall be determined on the average net wage of a worker on a working day (hereinafter referred to as "net daily salary"), but not more than 150 CZK on a five-day working week. This amount shall be adjusted proportionately if the working time is allocated to a different number of working days per week. 5)
(2) The basis for determining the net daily salary shall be the earnings earned by the worker after deduction of the wage tax on the employment of the worker starting his or her sickness insurance or in connection with that employment before the entitlement to maternity benefit for the period laid down in the implementing rules. 6)
(3) The amount of maternity allowance per working day is 90% of the worker's net daily wage.
Money aid in motherhood is paid in working days. 7) The working days shall be equal to the holidays for which compensation is granted or for which the monthly salary is not otherwise reduced.
Financial assistance in motherhood in certain specific cases
(1) If two or more children are born at the same time, she shall be provided with monetary assistance in maternity even after the period laid down in Section 7 has been exhausted, provided that she continues to care for at least two of the newborn children, but no longer than 37 weeks after the date on which the benefit is granted.
(2) A worker who is unmarried, widowed, divorced or, for other serious reasons, lonely, not living with a species, shall be provided with monetary assistance in maternity care, even after the period laid down in Section 7 has been exhausted, but no longer than 37 weeks after the date on which this benefit is granted.
(1) Money in maternity care also belongs to a worker who has taken over a child who has been entrusted with a decision by a competent authority or a child whose mother has died in her permanent care replacing maternity care. The conditions for entitlement to maternity assistance and the method of determining such assistance shall be assessed on the basis of the condition at the date of taking over of the child.
(2) In the cases referred to in the preceding paragraph, cash aid shall be granted to the worker from the date of taking over the child for the period of care of the child (s) for the maximum period of:
(a) 22 weeks if one child has taken over,
(b) 31 weeks, taking over two or more children and caring for at least two of these children, or going after the worker referred to in Article 10 (2) but not longer than the child (youngest child) reaches eight months of age.
(1) If, for health reasons, the child has been taken into the care of a nursing home or other nursing home, and the worker has yet to take up work, she shall be suspended from the provision of maternity assistance under the previous provisions. From the day when the worker has taken custody of the child from the institution again and has therefore ceased to work, the provision of monetary assistance in motherhood shall continue until the total entitlement is exhausted, but no longer than the date on which the child reaches the age of one year. The provision of monetary assistance in maternity care may also be interrupted with the same effect, with the agreement of the county sickness insurance authority, if the worker cannot or must not care for a serious long-term illness for which he is incapacitated and if, for this reason, the child had to be taken into the care of a nursing home or other bed establishment for preventive care, or other persons.
(2) A worker who has ceased to take care of a born child and has therefore been entrusted to family or constitutional care replacing the care of parents, as well as to a worker whose child is in institutional care for reasons other than those referred to in the preceding paragraph, does not have financial assistance in maternity over the period for which he has not taken care of the child; However, this period shall be counted against the total period for which she would otherwise have had financial assistance in maternity.
(3) If a child is born dead, the worker shall be provided with monetary assistance in maternity for 14 weeks.
(4) If the child died at the time when the worker was entitled to maternity benefit, that assistance shall be granted for a period of two weeks from the date of death of the child, but no longer than until the total entitlement is exhausted.
(5) The period of provision of monetary aid in maternity care to the worker who gave birth to the child cannot be less than 14 weeks and cannot end before the expiry of six weeks from the date of birth.
Provision of financial assistance to the worker
(1) Money assistance under this Act is granted to a single, widowed, divorced or for other serious reasons to a single worker who does not live with a partner, provided that he takes care of the child at the discretion of the competent authority or of the child whose mother died.
(2) Financial assistance also belongs to a child-care worker, if his wife is not provided with monetary assistance in maternity care and cannot, or may not, take care of a serious long-term illness under medical advice.
(3) The conditions for entitlement to cash assistance and the method for determining such assistance shall be assessed for the worker referred to in paragraphs 1 and 2 in accordance with the condition at the date of taking over of the child. The financial assistance shall be granted from the date on which the child is taken over for a maximum period of 31 weeks and, in the case referred to in paragraph 2, for a period of 22 weeks, but not longer than eight months.
(4) The other provisions of this Law shall apply mutatis mutandis to the granting, amount and provision of financial assistance to the worker.
Aid for the birth of a child
If the worker or member of the worker's family is born, she shall receive a grant of CZK 1000 for each child born. 8) The aid should also be granted to the wife or partner of the worker if the birth occurred within 300 days of the death of the worker.
ALLOWANCE TO CHILDREN
General provisions
Child allowance is a basic form of social care for families with dependent children; are intended exclusively for the care of such children.
Child benefits under this law are a benefit of sickness insurance.
Qualifying heading
(1) Child allowances
(a) workers participating in sickness insurance under the sickness insurance law and the rules issued under it;
(b) members of production cooperatives participating in sickness insurance of members of production cooperatives.
(2) Where a worker is further referred to in this Act, that includes a member of the production cooperative referred to in paragraph 1.
Conditions of entitlement
(1) Children's allowances are payable to the worker if:
(a) has unprovided children who have met the conditions laid down (Sections 18, 19 and 20);
(b) has a prescribed working time in his employment (Paragraph 21); and
(c) worked in the calendar month of the period laid down (Sections 22 and 23).
(2) An employee called upon to serve in the armed forces, with the exception of an occupational service, shall be entitled to allowances for unprovided children if his employment was maintained at the time of taking up the service or at the time of being called on to serve, or if, at the time of being called on to serve, he had retained sickness insurance rights.
(3) Children's allowances shall also be paid to the worker after the loss of his sickness insurance, provided that sickness or cash assistance is provided for the purpose of such insurance; a precondition is that he had a prescribed working time in his completed employment or membership of the production cooperative.
Unprovided children
(1) A worker's or his spouse's own or adopted child shall be deemed not to be provided until the end of compulsory education.
(2) At the end of compulsory education, the child shall be deemed not to have been provided but no more than 26 years of age if:
(a) is continuously prepared for a future occupation by study or prescribed training; or
(b) cannot prepare for a future occupation or be employed for a disease; or
(c) for a long-term unfavourable health condition, it is unable to prepare itself continuously for a future occupation or it is capable of preparing itself only under exceptional conditions; or
(d) for a long-term unfavourable health condition, it is unable to carry out continuous or such employment would seriously impair its health.
(3) The grandson or sibling of the worker or his spouse shall also be recognised as an uninsured child if he is under the direct care of the worker, no allowance or education may be granted to him for any other reason and otherwise the conditions required for his own children are met.
The allowance under this Act does not apply to a child who is entitled to a pension or who is granted an invalidity pension.
(1) Allowances are granted if an unprovided child lives in the Czechoslovak Socialist Republic.
(2) No allowance shall be granted for a dependent child who is staying abroad:
(a) the temporary stay of a child outside the territory of the Czechoslovak Socialist Republic is due to treatment, recreation or study;
(b) if the child is accompanying his or her parent, who is seconded to temporary work for the Czechoslovak organisation abroad; or
(c) where the provision of child allowance is agreed by the Interstate Convention.
Working time and working time
(1) In order to grant child allowances, a worker is required to have in his employment a working time corresponding to a fixed weekly working time which is generally established in accordance with the labour law of the organisation for the operation in which he is active.
(2) If there is a worker with a changed working capacity or a worker who looks after at least one unprovided child and has a shorter working time for this reason, at least half of the working time referred to in paragraph 1 shall be required for the grant of childcare allowances.
(3) The provisions of the preceding paragraph also apply to a worker of a single, widowed, divorced or for other serious reasons of a lonely person who does not live with a mate and cares for at least one unprovided child.
(4) If the worker (s) is a single, widowed, divorced worker or for other serious reasons a lonely person who does not live with a spouse (species), is a beneficiary of a partial invalidity pension and takes care of at least one unprovided child, the working-time condition shall be deemed to have been fulfilled if the gross earnings in the calendar month are at least 400 Kns. Paragraph 23 of the third sentence shall apply mutatis mutandis.
(1) In order to grant child allowances for a single calendar month, the worker is required to work all working days (shifts) for that month resulting from the fixed schedule of working time.
(2) The working time is equalled
(a) temporary incapacity for work for sickness or accident, quarantine, maternity leave, other maternity leave and absence of work due to the care of a child under 10 years of age or the treatment of a sick family member;
(b) the period for which compensation for wages and, where applicable, wages is granted, as well as the period for which compensation for wages does not apply in respect of significant personal obstacles to work, simply because the worker does not fulfil the required conditions of employment;
(c) the duration of public duties, civil duties and other acts of general interest, the services of the armed forces, including the necessary time of employment provided in connection with the service;
(d) the period during which the worker has proven unable to work for adverse weather effects or, where appropriate, for an obstacle on the part of the organisation;
(e) the period of leave granted under the rules on study at work or under the regulations on external aspirant;
(f) the period of leave for overtime or on holiday;
(g) the period of spa care;
(h) the period of leave by the excused organisation for another reason.
For domestic workers, for other groups of workers to whom the organisation does not specify the duration of the work and for workers operating under an agreement on employment, the conditions of work and working time shall be deemed to have been met in calendar months in which such worker has achieved a gross wage of at least 700 CZK. If it is a worker with a changed working capacity, a worker referred to in Paragraph 21 (3) or a worker who looks after at least one unprovided child, the gross earnings in the calendar month shall be required to be at least 400 CZK. The amounts of the 700 CZK or 400 CZK respectively shall be reduced proportionately in the calendar month in which the worker was unable to carry out the work for serious reasons; a recognised temporary incapacity for work for sickness or accident, quarantine, paid maternity leave, spa care, public office, civil duties and other acts of general interest and a service in the armed forces shall be considered as a serious reason.
Amount of child allowances
(1) The allowance for children is monthly
| na jedno dítě | 90 Kčs |
| na dvě děti | 430 Kčs |
| na tři děti | 880 Kčs |
| na čtyři děti | 1280 Kčs |
and increase each child by 240 ccs a month. 9)
(2) If there is an uninsured child over one year of age who, according to the decision of the social security authorities, is suffering from a long-term disability and requires exceptional care, a supplement shall be granted for child benefits of:
(a) 500 CZK per month; or
(b) 700 CZK per month, if it is for a child who requires extra care.
The condition is that the child is not placed in a weekly or year-round residence for such children, and that there is a surcharge in accordance with point (b) or a daily stay. The supplement referred to in point (a) shall apply if the child does not fulfil the conditions for the supplement referred to in point (b) only because it is placed in a daily establishment.
Common provisions on child allowances
(1) Children's allowances shall be granted throughout the calendar months in which the prescribed conditions have been met.
(2) The allowances shall also be granted for the whole calendar month if the worker had a child not provided for only for part of the month.
(1) The allowances for the same child are granted only once, even if the conditions are met for several workers. If this is the case, allowances shall be granted from sickness insurance to a worker who has a child in direct care. If this condition is also met for several workers and if it is not assessed which of them are to be granted, it is for the mother to have priority.
(2) The provisions of paragraph 1 shall also apply when the child allowance is combined under this Act and the child allowance from other security systems.
(1) Child benefits shall be paid to the person whose sickness insurance has granted them. However, if the child has another citizen in direct care, they shall be paid to him.
(2) Child allowances which are in full direct custody of the institution (s) for the care of children or of young people for reasons other than the treatment, and where appropriate for the performance of compulsory schooling or preparation for the future occupation, shall be paid to that institution. The partial reimbursement of the cost of providing the child in an institution shall be determined by the obliged persons, taking into account the extent to which the child's needs are paid for by the institution.
(3) Any recipient of child allowances shall ensure that they are used exclusively for the benefit and interest of the children for whom they are intended.
(1) If the allowances are to be paid to several children of the same right to pay to different beneficiaries, the total amount per child shall be divided by the same proportion per child; In so doing, the penny amounts shall be rounded up to the whole crown.
(2) Children's allowances shall be paid late after the end of the calendar month.
(1) If a worker dies, allowances shall be granted for children who were due from his sickness insurance and who were not paid up until the day of his death to the person who has the children to whom they belonged in direct care; these allowances are not the subject of inheritance.
(2) The entitlement to allowances for children and their claims cannot be transferred in force; the child allowance cannot be affected by the execution of decisions ordered by a court or administrative authority.
When determining child support, the court shall also take into account the extent to which the child's needs are paid for child allowances granted to them; no child allowance is included in the intended maintenance allowance.
ADJUSTMENTS FOR CERTAIN OTHER GROUPS AUTHORISED
(repealed)
(1) Maternity benefits, with the exception of the compensatory allowance and child allowance, also belong to citizens who are candidates for employment after the end of employment, membership of the production cooperative, school attendance or study in the national committee register.
(2) The period for which the citizen referred to in paragraph 1 is registered as a candidate for employment shall be equal to the period during which the conditions of employment and working hours are fulfilled (Sections 21 and 22).
(3) The benefits referred to in the preceding paragraphs shall be granted by the authority responsible for granting the aid before taking up work and to facilitate such taking up from the appropriations for granting such aid.
(4) The Ministry of Labour and Social Affairs will adapt the details. 10)
(1) The provisions of this Law on maternity benefits apply mutatis mutandis to professional soldiers and members of the National Security Corps provided for in the armed forces. 11)
(2) The provisions of this Act on child allowances shall apply mutatis mutandis to education provided to members of the armed forces and the National Security Corps under the legislation on their material security (12). This education allowance shall be assessed in the same way as the child allowance granted to workers in relation to child allowances.
(3) The details of the levies referred to in the preceding paragraphs and the necessary derogations for deciding on them and on how they are to be determined and paid shall be laid down by the Minister of National Defence and the Minister of Interior; the provision of maternity benefits for non-professional soldiers and for pupils of military schools.
(4) Paragraph 12a of this Law applies mutatis mutandis to professional soldiers and members of the National Security Corps provided for by the armed forces' medical care; the provisions of the previous paragraph shall also apply here.
PROVISIONS COMMON, TRANSITIONAL AND FINAL
(1) Where, in other provisions applicable to workers, a compensatory allowance, maternity aid, childbirth aid or child allowances are referred to, this means the same-name benefits under this law.
(2) If there is nothing else in this law, the provisions of the sickness insurance law and the rules issued under it shall apply to maternity benefits and child allowance under this law.
Government 13) may, in accordance with a long-term social care programme for families with uninsured children
(a) increase the amount of aid at the time of the birth of the child referred to in Article 13, in particular where this is justified by the development of needs for newborn children;
(b) increase the rates of allowances for children and, where appropriate, the supplement to them (Section 24) and grant them one-off assistance.
The Government of the Czechoslovak Socialist Republic can increase the workforce for some groups by regulation
(a) the maximum amount of the average net earnings to be based on when determining the compensation in pregnancy and maternity (Section 5 (1));
(b) the maximum amount of the net daily salary from which the maternity allowance is determined.
(1) The Central Board of Trade Unions shall adopt implementing rules specifying details of the compensatory allowance in pregnancy and maternity, in particular how the revenue under which the compensatory allowance is fixed is to be collected and calculated. 14)
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Regulation Information
| Citation | Full text of Act No. 189 / 1988 Coll., Act on the extension of maternity leave, on maternity benefits and on childcare benefits from sickness insurance (full text as follows from subsequent amendments and additions) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.12.1988 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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