Death of a child - what are the rights of a woman after the loss of a child?
The rights to receive employee benefits after a miscarriage apply to every woman who lost a child as a result, regardless of the month of pregnancy in which the child was pregnant. It should be emphasized that the right to employee benefits is granted to a person with the status of an employee. Therefore, persons employed on the basis of contracts of mandate or for specific work cannot take advantage of these rights.
Maternity leave and the death of a child
In the event of a stillbirth or the death of a child before the end of 8 weeks of life, employees are entitled to maternity leave of 8 weeks after childbirth, but not less than 7 days from the date of the child's death (Article 180 1 § 1 of the Labor Code). An employee who gave birth to more than one child in one delivery is entitled to maternity leave in the amount corresponding to the number of children who are still alive. Its amount is 100% of the amount on the basis of the allowance assessment.
After a miscarriage, maternity leave is 56 days. This time is counted from the date of the miscarriage, and the leave is paid 100%.
In the event of the child's death after 8 weeks of age, the employee retains the right to maternity leave for a period of 7 days from the date of the child's death. An employee who gave birth to more than one child at one birth is entitled to maternity leave in the amount appropriate to the number of surviving children, but not shorter than for a period of 7 days from the date of the child's death. The amount of leave is also 100% of the qualifying allowance amount. Start a free 30-day trial period with no strings attached!
If childbirth took place at least in the 22nd week of pregnancy (21 weeks 7 days), then the child is assumed to be stillborn. The pension authority does not make the legal situation of women who gave birth to a stillborn child dependent and those who have had a miscarriage. This is because the provisions of the allowance act, on the basis of which maternity benefits are granted, do not contain a legal basis directly depriving a woman of the right to maternity leave in the event of giving birth to a stillborn child before the 22nd week - then a miscarriage is determined.
Documents for the payment of maternity allowance
The proof of payment of maternity allowance for the period of maternity leave is an abbreviated copy of the child's birth certificate or a copy certified to be true to the original by the benefit payer. In the event of a stillbirth of a child, the abbreviated copy of the birth certificate contains an annotation that the child was born still. Therefore, for the payment of Maternity Benefit, the employer should receive such a document. A birth certificate with a note about the child's death is also a death certificate. If the child was born still, no death certificate is drawn up, but a birth certificate with a note that the child was born still. It is the same in the case of a miscarriage. Such a birth certificate with an annotation is made on the basis of a stillbirth card issued by the hospital. If the miscarriage occurs so early that, from a medical point of view, it is not possible to determine the child's sex, the doctor will not issue a certificate and the Registry Office will not issue a birth certificate. In this case, the employee is entitled to sickness benefit if the doctor finds that the woman requires medical care and has become temporarily incapable of work. However, if it is possible to determine the gender, you must complete a written form of birth and you will be entitled to Maternity Benefit.
In addition, the employer should be informed about the willingness to take the leave, e.g. by submitting an application for maternity leave. Maternity leave is counted from the date of the unfortunate event: miscarriage or stillbirth. The employer has no right to refuse to grant maternity leave when the death of the child is confirmed.
Annual leave after a miscarriage
After the loss of a child, maternity leave is obligatory and begins no later than on the day of delivery, if the child's mother requests it. In this situation, the annual leave does not take effect, so the employer is obliged to postpone it to a later date. After a pregnancy miscarriage, an employee does not have to apply for a vacation leave. While waiting for the child's birth certificate to be issued, she could apply for sickness benefit. If in such a situation the doctor issues a certificate of temporary incapacity for work, the amount of the benefit from the day following the miscarriage is 80% or for the period of stay in hospital - 70% of the amount constituting the basis for its calculation. Receipt of the child's birth certificate would result in reclassification of the sickness benefit for a period not longer than 8 weeks after the birth to maternity benefit, and thus its equalization to 100% of the calculation basis.
Also during the formalities, the employer may set the days of absence as unpaid justified absenteeism, and then pay compensation for the period of maternity leave.
Special leave and the death of a child
A two-day special leave for the birth of a child and the death of a child for each circumstance will be available to both parents of the child with the right to remuneration, provided that the child's mother is not on maternity leave. The father of the child can therefore take advantage of 4 days of paid time off, both due to the birth and death of his child.
The basis for dismissal from work due to the birth or death of a child is the employee's declaration and documenting the fact by presenting the child's birth certificate or death certificate. In the event of a stillborn child being born, a birth certificate is drawn up with a note that the child was stillborn. In such a case, the death certificate is not prepared.