Sickness benefit from the first day of incapacity for work
If an employee becomes ill immediately after taking up employment, it does not always mean that he or she does not have the right to a paid leave from work. If the employee wants to receive the right to remuneration for the period of sickness from the first day of incapacity for work, he should document the previous period of sickness insurance coverage. Then, without a waiting period, he will receive the benefit.
If an employee becomes ill immediately after starting a new job, he may be entitled to sickness benefit in 3 different cases: when he has a 30-day period of continuous sickness insurance, when he has been compulsorily covered by sickness insurance for at least 10 years, or when he is one of the persons to whom the legislator granted the additional right to sickness benefits from the first day of sickness insurance. If the requirements for acquiring the right to sickness benefit from the first day of employment are not met, then days of sickness falling within the first 30 days of sickness insurance should be considered as an excused absence without retention of remuneration. Sick pay or Illness Benefit must be paid from the 31st day of sickness insurance coverage.
If the employee meets the conditions for receiving sickness benefit, the basis for calculating the benefit is the remuneration that he would have received if he had worked for a full calendar month.
The waiting period for sickness benefits
The employee is entitled to sickness benefit and sick pay after 30 days of uninterrupted sickness insurance, it is the so-called waiting period. It includes the previous periods of compulsory and voluntary sickness insurance, provided that the break between them did not exceed 30 days or was caused by parental leave, unpaid leave or active military service. If the interruption in sickness insurance for more than 30 days is due to other reasons, the previous insurance period should not be included in the 30-day period of waiting for the right to sickness benefits.
When determining whether an employee has already had a 30-day insurance period, it is necessary to:
determine the number of days of sickness insurance during your current employment,
check whether the employee was subject to sickness insurance (obligatorily or voluntarily) before taking up employment,
determine how long the interruption lasted between the periods in which the employee was subject to sickness insurance.
10 years of compulsory sickness insurance
An employee may be entitled to sickness benefit from the first day of employment, even though he or she does not have a 30-day sickness insurance period. He is entitled to this right if, before the date of incapacity for work, he was subject to sickness insurance for at least 10 years and it was compulsory insurance.
To determine whether an employee has the 10-year period of compulsory sickness insurance, all periods must be added up, regardless of the gaps between them. When counting the 10-year period of sickness insurance, you should only take into account the period of compulsory payment of contributions for this insurance, but it does not have to be an uninterrupted period.
However, it does not include the periods of parental leave and unpaid leave, as well as remaining registered as unemployed both with and without the right to unemployment benefit after 31 December 1998. The period of receiving sickness, maternity or maternity benefits cannot be taken into account either. rehabilitation benefit, payable after the end of the insurance title.
Sickness benefit - other cases
An employee may acquire the right to sick pay or sickness benefit from the first day of employment (subject to sickness insurance), in the cases specified in Art. 4 sec. 3 of the Benefit Act. It is about the insured:
being a graduate of school or university, who was covered by sickness insurance (or joined the insurance) within 90 days from the date of graduation or obtaining a university diploma,
who has become incapable of work as a result of an accident on the way to or from work (or an accident at work, but then you are not entitled to sick pay, only sickness benefit from accident insurance),
who is a deputy or senator who joined sickness insurance within 90 days from the end of his term of office.
The right to care allowance is granted from the first day of incapacity for work, as the allowance is granted from the first day of care, without the need to have a 30-day sickness insurance period, the so-called waiting period. The condition is that there is no person at home who could look after a sick child.
The exception is caring for a sick child under the age of 2, care allowance is granted even if there are other family members who can provide care for the child.