Act No. 51 / 1987 Coll.
Law on changes in sickness insurance
Valid
Effective from 01.07.1987
51
THE LAW
of 23 June 1987
on changes in sickness insurance
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 54 / 1956 Coll., on sickness insurance for workers, as amended by Act No. 16 / 1959 Coll., amending and supplementing the Act on sickness insurance for workers, Act No. 58 / 1964 Coll., on increased care for pregnant women and mothers, the Labour Code No. 65 / 1965 Coll., Act No. 87 / 1968 Coll., on changes in sickness insurance and sickness care, Act No. 88 / 1968 Coll., on maternity leave, on maternity benefits and on allowances for children from sickness insurance, Act No. 148 / 1983 Coll., on reunification of sickness insurance, Act No. 109 / 1984 Coll.
Article 25 (2) and (3) reads as follows:
"(2) The condition for providing support for the care of a family member is that a child or a sick family member lives with a household worker and that there is no one else in this household who can care for the child or treat the sick; compliance with the requirement of a common household is not required if the care of a child under 10 years of age is not a parent and is not a parent in the household in which the child lives, no one else who can treat or care the child. If the care of a sick child or another sick family member is involved, it is another condition that the sick person cannot be placed in a hospital or is not suitable.
(3) Aid for the treatment of a family member shall be granted for a maximum period of five working days if the need for care (care) persists; the provision may be extended by up to two additional working days if the necessary care cannot be provided during the first five working days. ';
2. In Paragraph 25 (4), "12 working days' is replaced by" 13 working days';
Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on the allowance for children from sickness insurance, as amended by Act No. 99 / 1972 Coll., on the increase of child and education allowances, Act No. 73 / 1982 Coll., on the amendments to the Social Security Act and the Regulations on sickness insurance, Act No. 57 / 1984 Coll., on certain changes in occupational health care, and Act No. 109 / 1984 Coll., on changes in sickness insurance, are amended and supplemented as follows:
1. Paragraph 1, including the title, is deleted.
2. In Paragraph 6 (4), the word "fourth 'is replaced by the word" sixth'.
3.
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. ';
4. In Section 10, "35 weeks' is replaced by" 37 weeks';
5.
(1) Money in maternity care also belongs to a worker who has taken over a child who has been entrusted with a decision by the competent authority to be adopted at a later date or a child whose mother has died in her permanent 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);
However, not longer than the child (youngest child) reaches eight months of age. '
6. In Article 12 (3) and (5), "12 weeks' is replaced by" 14 weeks';
7. the following Section 12a is inserted after Section 12:
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) The conditions for entitlement to monetary assistance and the method for determining such assistance shall be assessed for the worker referred to in the preceding paragraph in accordance with the condition at the date of receipt of the child. The financial assistance shall be granted from the date of taking over the child for the period of care of the worker for a maximum period of 31 weeks, but not longer than eight months.
(3) The other provisions of this law apply mutatis mutandis to the granting, amount and provision of assistance to the worker. "
8. Paragraph 33 shall be added to paragraph 4:
"(4) Paragraph 12a of this Act shall apply mutatis mutandis to professional soldiers and members of the National Security Corps provided for by the armed forces' medical care; the provisions of the preceding paragraph shall also apply here. ';
9. § 39 is deleted.
Act No. 103 / 1964 Coll., on the security of cooperative peasants in sickness and on the security of the mother and child, as amended by Act No. 141 / 1965 Coll., on certain changes in social security of cooperative peasants, Act No. 116 / 1967 Coll., on certain other changes in social security of cooperative peasants, Act No. 89 / 1968 Coll., amending and supplementing the Act on social security of cooperative peasants and the Act on Social Security, Act No. 99 / 1972 Coll., on the increase of child and educational allowances, Act No. 121 / 1975 Coll., Act No. 57 / 1984 Coll.
1. Article 16 (2) and (3) reads as follows:
"(2) The condition for providing support for the treatment of a family member is that a child or a sick family member lives with a member of a cooperative in the common household and that there is no one else in this household who can care for the child or treat the sick; compliance with the requirement of a common household is not required if the care of a child under 10 years of age is not a parent and is not a parent in the household in which the child lives, no one else who can treat or care the child. If the care of a sick child or another sick family member is involved, it is another condition that the sick person cannot be placed in a hospital or is not suitable.
(3) Aid for the treatment of a family member shall be granted for a maximum period of five working days if the need for care (care) persists; the provision may be extended by up to two additional working days if it has not been possible to provide the necessary care during the first five working days. ';
2. In Article 16 (4), "12 working days' is replaced by" 13 working days';
3. In Paragraph 20 (1), "26 weeks' is replaced by" 28 weeks';
4. In Paragraph 20 (5), the word "fourth 'is replaced by the word" sixth'.
5.
(1) Cash support in maternity shall be granted for a period of 28 weeks of maternity leave from the beginning of the sixth week preceding the expected date of birth, but not earlier than the beginning of the eighth week before that date, unless otherwise specified.
(2) If the co-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 in Sections 23 and 24. However, if the cooperative is exhausted from maternity leave before childbirth for less than six weeks for another reason, it shall be granted monetary assistance in maternity only until 22 weeks after the date of birth, and if it is a cooperative referred to in § 23 or § 24, only until 31 weeks after the date of birth.
(3) If a cooperative entitled to maternity benefit is granted until the beginning of the sixth week preceding the expected date of childbirth, it shall be entitled from the beginning of that week to sickness benefit.
(4) In the cases referred to in Paragraph 20 (5), monetary assistance in maternity shall be granted from the beginning of the sixth week before the expected date of birth. ';
6. In paragraphs 23 and 24, "35 weeks' is replaced by" 37 weeks';
7. Article 25 reads:
(1) Money in maternity care also belongs to a cooperative who has taken over a child who has been entrusted with a decision by the competent authority to adopt later or a child whose mother has died in her permanent care. Cash assistance in maternity shall be granted to the cooperative from the date on which the child is taken over for as long as the child is taken care of for a maximum period of time.
(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 to the cooperative referred to in § 24;
no longer than the child (youngest child) reaches eight months of age.
(2) In the cases referred to in the preceding paragraph, the conditions for entitlement to maternity assistance shall be fulfilled at the date of taking over the child. The amount of the maternity allowance shall be determined on the average daily salary of the cooperative for the period laid down in the implementing rules before the child is taken over. ';
8. In Articles 26 (2) to (4) and 27 (2), "12 weeks' is replaced by" 14 weeks'.
9. The following Section 27a is inserted after Section 27:
Provision of financial assistance to the cooperative
(1) The financial assistance provided for in this Act is granted to a single, widowed, divorced or for other serious reasons to a single cooperative who does not live with a cooperative if he is taking care of a child by decision of the competent authority or a child whose mother died.
(2) In the cases referred to in the preceding paragraph, the conditions for entitlement to cash assistance and the method for determining such assistance must be fulfilled on the date on which the child is taken over. The financial assistance shall be granted from the day on which the child is taken over for a period of no more than 31 weeks, but not longer than eight months.
(3) The other provisions of this law shall apply mutatis mutandis to the granting, amount and provision of financial assistance to the cooperative. "
Transitional provisions
(1) If there is a reason for providing support for the treatment of a family member before the date of application of this law, this benefit shall be granted in accordance with the existing rules. However, if, on 1 July 1987, the second or third day of need for care (care), aid is granted for the treatment of a member of the family for the period provided for by this Act (Articles I (1) and III (1)).
(2) If the maternity allowance is based on the provisions in force until 30 June 1987, it shall be granted for the period laid down by this Act and calculated from the first day of the provision of maternity allowance. However, if a woman, with the exception of the worker referred to in § 10 of Act No. 88 / 1968 Coll., as amended, and the cooperative referred to in § 23 or § 24 of Act No. 103 / 1964 Coll., as amended, has exhausted less than four weeks of maternity leave before 1 July 1987 without the permission of the doctor or without the fact that the birth occurred before the doctor has determined it, the maternity allowance shall be granted only until 22 weeks after the date of birth.
(3) Cash assistance shall be granted to a man, subject to the conditions laid down by this Law, even where the child has been taken over before 1 July 1987; However, the benefit is due from 1 July 1987 at the earliest, and until the total period for which the assistance would have been due, the period of care before 1 July 1987 is also included.
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text
(a) Act No. 103 / 1964 Coll., on the security of cooperative peasants in sickness and on the security of the mother and child, as is apparent by the laws amending it and supplementing it;
(b) Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on the allowance for children from sickness insurance, as is apparent by the laws amending it and supplementing it.
Efficacy
This Law shall take effect on 1 July 1987.
Husák v. r.
Indra v. r.
Strougal v. r.
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Regulation Information
| Citation | Act No. 51 / 1987 Coll., on changes in sickness insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.1987 |
|---|---|
| Effective from | 01.07.1987 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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