In this case, it is not just a government consolidation package. Changes to the sickness benefits side have already appeared in the Collection of Laws. However, this is a positive step that will make it easier for people to draw them.
What are the changes about?
An amendment on the organization and implementation of social security was published in the Collection of Laws under number 321/2023. It mainly concerns pensions, specifically the possibility to apply for it online and salary adjustments. However, the amendment also contains a change in the discount on insurance premiums and also on some sickness benefits.
Compensation for the release of an employee
Compensation of wages or salary for work leave related to an event for children and youth is currently governed by the strict provisions of § 203 and 203a of the Labor Code. Thus, the employer should continue to be entitled to reimbursement of wages or salary from the state budget. However, the amendment to § 123 is supposed to reduce the bureaucracy for both employers and OSSZ during the implementation of the payment.
At the same time, the amendment will make it possible to set aside the employer’s claims of social insurance contributions from this payment. The change will enter into force on January 1, 2024 and also changes cash assistance in maternity, i.e. short-term and long-term nursing care. It is about adjustments to health insurance that also affect employers, mainly parties to obstacles at work.
Maternity assistance, previous illness
The first is to simplify the situation of insured women who receive sickness benefits after the end of their employment due to a high-risk pregnancy or for another reason. If a woman becomes pregnant and the protection period for entitlement to cash maternity assistance expires during her incapacity for work, she is no longer legally entitled to it. However, in order to remove hardness, it is often still provided.
With January 2024, a change occurs. In the case of employment with participation in sickness insurance and meeting the conditions for entitlement (270 days of sickness insurance in the last 2 years before joining), she will be entitled to maternity assistance. The condition is the right to an insurance benefit after the end of work and its duration until the day of starting the sickness benefit.
Foto: Shutterstock
Nursing allowance for the other parent
At the moment, an employee is not entitled to nursing allowance due to nursing or caring for a child, if another natural person caring for the same child is entitled to the payment of maternity allowance or parental allowance. It is intended to prevent that the nursing allowance is not provided if the child is properly cared for by a person with an allowance.
There is, however, an assumption that one of the parents does not work and only cares for the child, which is already an overcoming. Many parents receive parental allowance and work at the same time. In that case, there is no reason to consider receiving an allowance as an obstacle to the right to nursing care for the other parent. However, this only applies to situations where both parents have an employment relationship with sickness insurance.
Nursing allowance, overlap and follow-up
The principle of continuity of nursing care comes into play, just as with sick leave. In case of two immediately connected needs, the situation will be treated as one social case from next year. However, only if it concerns the treatment of the same type of child under 10 years of age. If they are of different typologies, they will also be two unrelated separate events.
Two overlapping treatment needs will work the same way. It will either be one or two social events. However, it is valid that in case of an overlapping entitlement to nursing allowance, the nursing allowance is provided for only one reason. Where the claim arose first takes precedence.
Long-term and recurring nursing care
Things won’t be the same here either, and it’s a positive step. Insured persons are not currently entitled to additional long-term care benefits within 12 months of the last claim. And that in the case of caring for both the same and another treated person.
For example, he will start long-term nursing care for the care of his son lasting 14 days. In 5 months, he still has to take care of his mother, but he is no longer entitled to nursing allowance. The restriction will now only apply to the care of the same person.
Continuation of quarantine
When another quarantine is ordered on the calendar day after the end of the previously ordered quarantine, the new quarantine is taken as a continuation of the previous one. It also applies if the new one takes longer. The original state of the law did not exactly address this situation, and during the Covid-19 pandemic there were indeed many of them.
Cancellation of agreements on other deadlines
The institute of agreements concluded between the employer and the district social security administration, when it was possible to agree on other deadlines for notification obligations, is abolished. According to the ČSSZ, this is no longer necessary, mainly thanks to electronic communication. Agreements concluded pursuant to § 94 paragraph 3 are still valid for a period of 3 months from the effective date of this Act.
Foto: Shutterstock, resources: Ministry of Internal Affairs and Communications, CSSS, Courses
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2024-01-14 17:29:37
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