Act No. 58 / 1964 Coll.
Law on increasing care for pregnant women and mothers
Valid
Effective from 01.04.1964
58
THE LAW
of 25 March 1964
increasing care for pregnant women and mothers
In order to allow women to apply equally in their family, in work and in public life, in accordance with the Constitution and in the responsible performance of their mother's mission, a socialist society gives them increased care and provides them with economic security in pregnancy and motherhood as part of this care. In particular, in accordance with the line given by the Resolution XII. of the Communist Party of Czechoslovakia, maternity leave, in which women are provided with maternity benefits, is extended to further improve this care and is granted the right to further maternity leave.
Therefore, the National Assembly of the Czechoslovak Socialist Republic decided on this law:
Money aid in motherhood
(1) Cash support in maternity is the place of the salary or, where applicable, the place of the sick worker insured under the Staff Insurance Regulations (hereinafter referred to as "sickness insurance") if, in the last two years before birth, she has been involved in at least 270 days of such insurance or sickness insurance of members of production cooperatives, armed forces, pension insurance of pensioners in sickness or social security of cooperative peasants; For this purpose, the period during which the worker received sickness or cash assistance in the last two years prior to childbirth after the end of the insurance (care, security) is also eligible.
(2) During the period of 270 days, periods of study after compulsory education in schools providing secondary, higher or higher education shall also be included without account being taken of whether the worker was in sickness insurance during that period.
(3) Where the periods referred to in the preceding paragraphs coincide with one another, they shall be counted only once.
(4) Money assistance in maternity under the other provisions of this law also belongs to a woman who has received 270 days of insurance (care, security) under the preceding paragraphs in the last two years, and who is continuing the withdrawal period from her former sickness insurance *) at the beginning of the fourth week before the expected date of childbirth or who until that time receives sick leave from former sickness insurance.
(1) Financial assistance in maternity shall be granted, save as otherwise provided, for 22 weeks of maternity leave. It shall normally be provided from the beginning of the fourth week before the expected date of birth, but not before the beginning of the eighth week before that date.
(2) A worker who has exhausted from maternity leave before childbirth for less than four weeks because the birth occurred before the doctor has determined, or because the doctor has authorised her to continue to work, taking into account her health and working conditions, financial assistance in maternity shall be granted until 22 weeks after the starting of maternity leave. However, if a worker is exhausted on maternity leave less than four weeks before childbirth for other reasons, she shall only receive monetary assistance in maternity until 18 weeks after the date of birth.
(3) In the case referred to in Paragraph 2 (4), monetary assistance in maternity shall be granted from the beginning of the fourth week before the expected date of birth.
(3) The amount of maternity allowance for the first 18 weeks following the beginning of maternity leave is:
| při nepřerušeném zaměstnání v témž podniku: | z čisté denní mzdy: |
|---|---|
| do 2 let | 75 % |
| nad 2 roky do 5 let | 80 % |
| nad 5 let | 90 %. |
If monetary assistance in maternity under these rates would be less than 16 CZK per day, it shall be granted at an amount of 16 CZK per day; However, if this sum exceeds 90% of the worker's net daily wage, the allowance shall be granted for maternity assistance of 90% of that salary.
(4) From the 19th week, the amount of monetary assistance in motherhood is:
| v souvislosti s porodem: | z čisté denní mzdy: |
|---|---|
| prvního dítěte | 40 % |
| druhého dítěte | 50 % |
| třetího a dalšího dítěte | 60 %. |
Where monetary aid in maternity under these rates would be less than 11 CZK per day, it shall be granted at an amount of 11 CZK per day; However, if this amount exceeds 60% of the worker's net daily wage, a monetary aid of 60% of that salary shall be granted.
(5) The provisions on sickness insurance shall apply to the counting of uninterrupted employment in the same undertaking as referred to in paragraph 3. * * *) The order of the child according to which the rates of maternity aid referred to in paragraph 4 are fixed shall be determined by the number of all children who have been given birth to the worker; the adoption of the child or, where appropriate, his or her permanent custody as provided for in Article 7, shall be equivalent to birth in order to determine the order.
If a worker also gives birth to two or more children, she shall be provided with monetary assistance in maternity even after the period laid down in Section 3 has been exhausted, provided that she takes care of at least two of these children on the next maternity leave, but no longer than the date on which the first 35 weeks of maternity leave have elapsed. For this additional period of time, the amount of maternity aid shall be determined on the basis of the rates set out in Paragraph 4 (4).
(1) A worker who is unmarried, widowed, divorced or, for other serious reasons, lonely, who does not otherwise have a dependable livelihood and does not live with a species, shall be provided with monetary assistance in maternity even after the period laid down in Article 3 has been exhausted, provided that, in the next maternity leave, she takes care of the child born, but no later than the date of 26 weeks after the original starting of the maternity leave.
(2) In the case referred to in the preceding paragraph, maternity allowance shall be granted from the 19th week at the rate of 70% of the net daily wage. Paragraph 4 (3) on the lowest amount of maternity aid applies in this case for the entire period of its provision.
(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 authorities for adoption at a later date or a child whose mother has died in her permanent care. the conditions for entitlement to maternity assistance must be fulfilled on the date of taking over the child in this case.
(2) In the case referred to in the preceding paragraph, the maternity allowance shall be granted instead of the salary or, where applicable, the sick allowance for the period during which the worker takes care of the child after taking over, but for no more than 18 weeks and no longer than the date on which 26 weeks from the date of birth of the child. The amount of the maternity allowance shall be determined at the rates referred to in Paragraph 4 (3), from the worker's net daily wage for the last three calendar months before the child is taken over.
(1) If, for health reasons, the child has been taken into the care of a nursing home or another nursing home and the worker has yet to take up employment, the provision of cash assistance in maternity under the previous provisions shall be suspended during the period of employment. 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.
(2) A worker who has ceased to care for a born child and has therefore been entrusted to family or institutional care replacing the care of parents, as well as to a worker whose child is in temporary care of an infant or, where appropriate, a similar institution for reasons other than health, does not have financial assistance in maternity over a period of time for which he does not take 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. The provision of monetary assistance in maternity to a worker who has given birth may not end before the expiry of 12 weeks after taking maternity leave, nor before the expiry of six weeks after the date of birth.
(3) Where a child is born dead, the worker shall be provided with maternity assistance for a period of 12 weeks from the beginning of maternity leave; However, its provision may not expire before six weeks after the date of birth.
(4) However, if the child died at the time when the worker was entitled to maternity aid, 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 has been exhausted: the provision of maternity assistance to the worker who gave birth may not end before the expiry of 12 weeks from the date of maternity leave or before six weeks from the date of birth.
Provisions common, transitional and final
Money assistance in maternity under this law is a cash benefit of sickness insurance. Unless otherwise provided for in this law, it shall be subject to the provisions applicable to maternity benefits under the sickness insurance rules. *)
(1) Financial assistance in maternity under this Act also belongs to a worker who is on maternity leave on 31 March 1964 under the current sickness insurance rules.
(2) If, on 31 March 1964, a worker has already exhausted all maternity leave under the current rules on sickness insurance, she shall be entitled to maternity assistance under this law only if the case referred to in § 5 or § 6 (1) has not been completed and if the period of time has not elapsed since the original date of the maternity leave, until which such provision provides for the maximum period of time the maternity allowance may be granted.
(3) The total period of maternity allowance referred to in the preceding paragraphs shall be taken into account for the period spent before 1 April 1964 by the worker under the current rules.
(1) The right to maternity leave and, where appropriate, to further maternity leave as provided for in Article 9, also has workers who, on 1 April 1964, have permanent custody of a child under one year of age who have given birth or taken over into their permanent care replacing maternity care.
(2) The prohibition on the termination of employment (Paragraph 11) applies even if the notice was given before 1 April 1964, unless the period of notice had expired that day.
(1) If the special arrangements for sickness insurance guarantee domestic workers, officials of national committees and women engaged in other conditions of insurance in accordance with Act No. 54 / 1956 Coll., on occupational sickness insurance, maternity assistance, they shall be subject to the provisions of this Act to increase the care of pregnant women and mothers; However, the derogations provided for in these specific adaptations shall be taken into account in their application.
(2) Students and pupils insured for the purpose of studies, * *) who receive a scholarship for social needs, are subject only to the provisions of this Law on periods of provision of monetary assistance in maternity and maternity leave and, where appropriate, other maternity leave; otherwise the adjustment of the maternity allowance provided for in the rules on their sickness insurance remains unaffected.
(4) Women insured under the special scheme for sickness insurance of sentenced * *) are subject only to the provisions of this Act on maternity assistance; the rate of maternity allowance for the first 18 weeks laid down in this special arrangement shall remain intact; the details of the establishment and provision of monetary assistance in motherhood shall be laid down by the Ministry of the Interior.
The provisions of this Act apply to members of production cooperatives, with the provision that monetary assistance in maternity is granted through sickness insurance for members of production cooperatives. * *) As regards employment after return from maternity leave or other maternity leave and termination of a member's relationship, the production cooperatives proceed in accordance with the provisions of § 11.
The provisions of this law shall apply mutatis mutandis to professional soldiers and members of the safety corps secured by medical care in the armed forces. †) The Minister for National Defence and the Minister for Interior shall lay down the details; provide also for the provision of monetary assistance in motherhood for non-professional soldiers and students of military schools.
The provision of monetary assistance in maternity to members of single agricultural cooperatives is regulated by social security regulations. † †)
They shall be deleted:
1. Sections 26 and 27 of Act No. 54 / 1956 Coll., on the sickness insurance of employees,
2. § 22 to 24 of Act No. 32 / 1957 Coll., on sickness care in the armed forces.
This Act shall take effect on 1 April 1964.
Novotný v. r.
Fierlinger v. r.
Lenárt v. r.
*) § 42 (2) and (3) of Act No. 54 / 1956 Coll., on sickness insurance of employees.
*) Articles 17 and 51 (1) (a) of Act No. 54 / 1956 Coll., as amended by Act No. 16 / 1959 Coll.
* *) § 51 paragraph 1 (a) and (b) of Act No. 54 / 1956 Coll., as amended by Act No. 16 / 1959 Coll.
* * *) § 18 paragraphs 4 to 6 and § 51 paragraph 1 (c) of Act No. 54 / 1956 Coll., as amended by Act No. 16 / 1959 Coll.
*) In particular § 11 No 2 (c) and part of Act No. 54 / 1956 Coll., as amended by Act No. 16 / 1959 Coll.
* *) Decree No. 102 / 1957 Ú. l., on sickness insurance and on the pension insurance of students and scientific aspirants.
*) Decree No. 50 / 1960 Coll., on sickness insurance and pension insurance for writers, music composers, artists, architects, scientific researchers, performers and artists.
* *) Decree No 141 / 1958 Ú. l., on sickness insurance and on the pension insurance of the convicted.
* * *) Government Decree No. 57 / 1956 Coll., on sickness insurance and pension insurance of members of production cooperatives.
†) Act No. 32 / 1957 Coll., on sickness care in the armed forces.
† †) Act No. 32 / 1962 Coll., on Social Security of Cooperative Farmers, as amended by Act No. 56 / 1964 Coll.
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Regulation Information
| Citation | Act No. 58 / 1964 Coll., on Increased Care for Pregnant Women and Mothers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.03.1964 |
|---|---|
| Effective from | 01.04.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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