Act No. 88 / 1968 Coll.
Law on the extension of maternity leave, maternity benefits and allowances for children from sickness insurance
Valid
Effective from 01.07.1968
88
THE LAW
of 27 June 1968
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:
Cash benefits due to pregnancy and maternity
(1) Because of pregnancy and maternity, the following benefits are granted in sickness insurance ("maternity benefits"):
(a) compensation for pregnancy and maternity,
(b) monetary assistance in motherhood.
(2) The benefits referred to in paragraph 1 are cash benefits of sickness insurance.
Qualifying heading
(1) Maternity benefits under this Act are payable to employees and other persons participating in sickness insurance under Act No. 54 / 1956 Coll., on occupational sickness insurance, as amended (hereinafter referred to as "the sickness insurance law") and those issued under it.
(2) Where an employee is referred to in this law, this shall also mean the other person referred to in paragraph 1.
Compensation for pregnancy and maternity
(1) A worker who has performed a job which is prohibited from pregnant women or who, according to a medical opinion, is threatened by her pregnancy and is therefore temporarily transferred to another job in which she has achieved, without any fault, a lower deductible income than that of the previous work, a compensatory allowance from sickness insurance funds. However, no account shall be taken of the decrease in deductible income arising from a shorter period of work following the transfer of the employee to another job.
(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 on the calendar days in which the transfer of the worker took place, except for the days in which the reasons referred to in points (a) to (d) of paragraph 4 were maintained. A compensatory allowance shall be granted during pregnancy no longer than until maternity leave has taken effect and after maternity leave has been terminated no later than the end of the ninth month following delivery.
(2) The compensatory allowance shall be determined as the difference between the daily basis of assessment of the staff member established on the date of transfer to another work and the average of her deductible income per calendar day in each calendar month following such transfer. Paragraph 4 (1) of the second sentence also applies here.
(3) The daily assessment basis shall be established in accordance with the sickness insurance law and shall be established on the date of transfer of the employee to another job in connection with pregnancy and maternity.
(4) The average of the staff member's deductible income per calendar day in each calendar month following transfer to another work shall be determined by dividing its deductible income in the calendar month by the number of calendar days in that month, except for those days after which:
(a) her incapacity for work or quarantine, ordered under specific legislation,
(b) caring for a member of the family;
(c) she has an excused absence at work for which she is not entitled to compensation;
(d) she had an unexcused absence at work.
(5) Where the transfer of a staff member to another job or the termination of such transfer takes place during a calendar month, the allowance referred to in paragraph 4 shall be made, mutatis mutandis, taking into account the deductible income for the whole of such calendar month and dividing that income by the number of calendar days of that month, with the exception of those referred to in paragraph 4 (a) to (d).
(6) The deductible income shall be collected in the same way as that collected for the determination of sickness.
Money aid in motherhood
Conditions of entitlement
(1) Money aid in maternity care belongs to an employee who has been involved in at least 270 days of sickness insurance during the last two years prior to childbirth (Section 3 (1)).
(2) Early periods are also included until 270 days, in which workers in the last two years before childbirth
(a) have been involved in the armed forces in sickness care;
(b) has been a beneficiary of a social security pension;
(c) have been involved in the security of cooperative peasants in sickness and in the security of the mother and child, or in the sickness insurance of self-employed persons;
(d) receive sickness or maternity benefits after the death of the insurance or other care;
(e) be kept in the register of applicants for employment.
(3) Only the period of participation in sickness insurance from such employment shall be taken into account in respect of claims for child support from several employment. The period of participation in sickness insurance from other employment may only be counted once, to the extent that the sickness insurance lasted before the sickness insurance is established, from which the entitlement to maternity benefit is claimed. If the periods of participation in sickness insurance from other employment are covered by each other, overlapping periods may also be counted to 270 days for entitlement to maternity assistance in other employment; in that case, however, the period of participation in one sickness insurance can only be counted once. The previous sentences shall apply mutatis mutandis to the calculation of the periods referred to in paragraph 2 within 270 days. Until 270 days, the period of participation in sickness insurance from another employment or, where applicable, the period referred to in paragraph 2, shall be taken into account if, according to previous sentences, it is deductible within 270 days of the employment from which maternity allowance is payable at a higher daily rate (Section 8 (2)).
(4) Cash support in motherhood also belongs to a woman who has participated in at least 270 days of insurance (care, security) in the last two years prior to childbirth under the previous paragraphs, if the withdrawal period of her former sickness insurance *) is still at the beginning of the sixth week preceding the expected or actual date of birth, or if she receives sickness insurance from her former sickness insurance until the beginning of that week.
Duration of maternity allowance
(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. Cash assistance in maternity does not fall within the scope of Article 5 (6) for the period for which the staff member is entitled to receive the allowance from the activity of taking part in the sickness insurance from which the allowance is granted or the sickness insurance, except for those income which the staff member is entitled for the period of maternity leave without, at that time, carrying on that activity for which the allowance is payable.
(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 on maternity leave before childbirth is exhausted for less than six weeks for another reason, she shall be granted maternity assistance only within 22 weeks of the date of birth and if the worker referred to in Section 10 is concerned, only until 31 weeks after the date of birth.
(3) If a worker who is entitled to maternity allowance is granted sick leave until the beginning of the sixth week preceding 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) Financial assistance in maternity care is provided for under the sickness insurance law, with a daily assessment basis being established on the date of taking up maternity leave; for a worker transferred to another work due to pregnancy or maternity, it shall be collected on the date of transfer to another work if it is more favourable to her. Where, for the duration of the same employment, a worker is entitled to additional maternity allowance for a period of up to 4 years of the age of the previous child, the daily assessment basis established for the calculation of the previous maternity allowance shall be considered to be the daily assessment basis if it is higher than the daily assessment basis established for the calculation of additional maternity allowance; the daily assessment bases are compared before their adjustment in accordance with Article 18 (7) (b) of the sickness insurance law.
(2) The amount of monetary aid per calendar day is 69% of the daily assessment basis.
Financial assistance in motherhood shall be provided on calendar days.
Financial assistance in motherhood in certain specific cases
If two or more children are born at the same time, she shall be provided with maternity assistance even after the period laid down in Section 7 has been exhausted, provided she continues to care for at least two of the new-born children, but no longer than 37 weeks after the date on which this benefit is granted.
(1) Money in maternity care also belongs to an employee who has taken over a child who has been entrusted with a decision by the competent authority 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, financial assistance for maternity shall be granted to the staff member from the date on which the child is taken over for as long as the child (s) is taken care of for a 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;
no longer than the child (youngest child) reaches eight months of age.
(1) If, for health reasons, the child has been taken over into the care of a nursing home or other nursing home and the worker has yet to take up work, the child shall be suspended under the previous provisions. From the day when the staff member has taken custody of the child from the institution again and has therefore ceased to work, the provision of cash assistance in maternity 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, with the consent of the competent authority, be interrupted with the same effect also if, according to a medical opinion, the worker cannot or must not take care of the child for a serious long-term illness for which he is unable to work and if, for this reason, the child has to be taken into the care of a nursing home or other health care institution or other person.
(2) An employee who has ceased to care for a born child and has therefore been entrusted to family or constitutional care replacing the care of parents, as well as an employee whose child is in constitutional care for reasons other than those referred to in the preceding paragraph, does not have to receive maternity aid for 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 the child was born dead, the worker shall be provided monetary assistance in maternity for 14 weeks.
(4) If the child died at the time when the worker is entitled to maternity allowance, 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 assistance in maternity care for 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 cash assistance by staff
(1) Money assistance under this Act is granted to a single, widowed, divorced or for other serious reasons to a single employee who does not live with a partner or in a registered partnership, (5) if he takes care of a child by decision of the competent authority or of a child whose mother has died.
(2) Financial assistance also belongs to a childcare staff member who does not receive maternity assistance from his wife and who cannot, or may not, care for 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 on the basis of the status of the staff member referred to in paragraphs 1 and 2 at the date of taking over of the child. Cash assistance shall be granted from the date of taking over the child for the period during which the staff member takes care of the child, for a maximum period of 22 weeks, if he has taken over one child, and for a period of 31 weeks, if he has taken over 2 or more children and has taken care of at least 2 of those children, but not longer than eight months of age.
(4) The other provisions of this law shall apply mutatis mutandis to the granting, amount and provision of financial assistance by staff.
(1) Financial assistance shall be granted to staff members or staff members who have taken custody of a child entrusted to them by a decision of the competent authority or a child whose mother has died.
(2) In the case referred to in paragraph 1, financial assistance shall be granted for a period of 22 weeks from the date on which the child was taken over, if it was taken over within 7 years of the child's age. For the duration of the maternity allowance provided for in Section 11, no monetary assistance shall be granted.
(3) The other provisions of this Law shall apply mutatis mutandis to the grant, amount and provision of monetary assistance.
(4) The conditions for entitlement to financial assistance and the method for determining such assistance shall be assessed on the basis of the status of the child on the date of taking over.
Adjustments for certain other Qualifying Groups
(1) The provisions of this Law on maternity benefits apply mutatis mutandis to professional soldiers and members of the safety services provided by the armed forces with medical care. 11)
(2) Paragraphs 12a and 13 of this Law apply mutatis mutandis to professional soldiers and members of the Security Corps provided for by the armed forces' medical care.
Provisions common, transitional and final
(1) Where, in other provisions applicable to staff members, a compensatory allowance or monetary assistance in maternity is 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 under this law.
(3) For the purposes of Articles 6 (2) (d) and 6 (4) and 7 (3), the period of the first 3 calendar days of incapacity for work or quarantine for which sickness insurance is not granted under the sickness insurance law shall also be deemed to be eligible.
The Ministry of Labour and Social Affairs shall determine by decree the details of the provision of maternity benefits.
(1) According to that law, the right to a compensatory allowance and maternity allowance shall also be assessed as from 1 July 1968 with the employee, who on 30 June 1968 belonged to one of those benefits under the current rules. Until the total period laid down for the provision of maternity aid, that worker shall be credited with the period for which she was granted before 1 July 1968.
(2) If, on 30 June 1968, the staff member has already exhausted all maternity leave under the current rules, she shall, from 1 July 1968, be entitled to maternity allowance under this law only if the case referred to in Paragraph 10 (2) has not expired until 30 June 1968 and the period until which such assistance may be granted under that law has elapsed.
They shall be deleted:
1. the provisions of Sections 28 and 30 to 39 of Act No. 54 / 1956 Coll., on occupational sickness insurance, as amended by Act No. 16 / 1959 Coll.;
2. Act No. 58 / 1964 Coll., on increasing care of pregnant women and mothers.
This Act shall take effect on 1 July 1968.
Freedom v. r.
Srkovský v. r.
Ing. Cernik v. r.
1) Paragraph 10 (1) of the Order of the Central Council of Trade Unions No 95 / 1968 Coll., on the grant of allowances for children in sickness insurance.
*) § 63a of Act No. 54 / 1956 Coll., as amended by Act No. 87 / 1968 Coll.
1) Paragraph 85 of the Labour Code No. 65 / 1965 Coll., as amended by Act No. 153 / 1969 Coll. and Act No. 20 / 1975 Coll.
* *) § 41 of the sickness insurance law.
* * *) The amount of 600 CZK corresponds to the highest limit of the net daily wage for the determination of sickness insurance (§ 17 of the sickness insurance law) and cash assistance in maternity (§ 8). At 46-hour weekly working hours, the maximum net earnings limit is 13 CZK per working hour before transferring to another job; This amount increases proportionally when working time is reduced (Section 83 (3) of the Labour Code).
*) § 42 (2) and (3) of the sickness insurance law and § 71 to 74 of Decree No. 143 / 1965 Coll., on the provision of cash benefits in sickness insurance.
* *) § 44 of Decree No. 143 / 1965 Coll.
5) Act No. 115 / 2006 Coll., on Registered Partnership and on the amendment of certain related laws.
* * *) § 23 of Decree No. 143 / 1965 Coll.
*) Decree No. 102 / 1957 Ú. l., on the sickness insurance of students and scientific aspirants.
* *) § 7 of Decree No. 21 / 1965 Coll., on pension insurance, sickness insurance and preventive medical care of certain citizens active in the provision of services, and an annex thereto.
* * *) Act No. 32 / 1957 Coll., on sickness care in the armed forces.
11) Act No. 32 / 1957 Coll., on Disability Care in the Armed Forces, as amended.
† †) § 47 to 55 of Decree No. 143 / 1965 Coll.
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Regulation Information
| Citation | Act No. 88 / 1968 Coll., on the extension of maternity leave, on maternity benefits and on child benefits from sickness insurance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.07.1968 |
|---|---|
| Effective from | 01.07.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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