In this case it is not simply a government consolidation package. The changes regarding sickness benefits 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?
An amendment on the organization and implementation of social security was published in the Collection of Laws under number 321/2023. This concerns above all pensions, specifically the possibility of requesting them 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 dismissal of an employee
Compensation of salary or salary for event-related work leave for children and youth is currently regulated by the strict provisions of § 203 and 203a of the Labor Code. Therefore, the employer should continue to be entitled to reimbursement of the salary or salary from the state budget. However, the change to § 123 should reduce bureaucracy for both employers and the OSSZ when processing the payment.
At the same time, the amendment will allow the employer’s rights relating to social insurance contributions to be set aside from this payment. The change will come into force on January 1, 2024 and will also change maternity cash assistance, i.e. short-term and long-term nursing care. These are health insurance adjustments that also affect employers, especially those who hinder work.
Maternity assistance, previous illness
The first is to simplify the situation of insured women who receive sickness benefits after the end of the employment relationship due to a high-risk pregnancy or for another reason. If a woman becomes pregnant and the protection period for maternity cash benefits expires during her inability to work, she is no longer legally entitled to it. However, to remove hardness, it is often still provided.
With January 2024 a change occurs. In case of employment with participation in health insurance and meeting the conditions to be entitled to it (270 days of health insurance in the last 2 years before joining), you 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 the sickness benefit begins.
Photo: Shutterstock
Care allowance for the other parent
At present, an employee is not entitled to assistance allowance for breastfeeding or caring for a child, if another natural person caring for the same child is entitled to payment of maternity allowance or allowance parental. The aim is to prevent childcare allowance from not being granted if the child is adequately cared for by a person in receipt of an allowance.
However, it assumes that one of the parents does not work and only takes care of the child, which is already an overkill. Many parents receive parental allowance and work at the same time. In this case, there is no reason to believe that the receipt of the allowance constitutes an obstacle to the other parent’s right to nursing care. However, this only applies if both parents have an employment relationship with the health insurance.
Nursing allowance, overlap and follow-up
The principle of continuity of nursing care comes into play, as in the case of sick leave. In the case of two immediately connected needs, starting next year the situation will be treated as a social case. However, only if it concerns the treatment of the same type of child under 10 years of age. If they are of different types, they will also be two separate and unrelated events.
Two overlapping treatment needs will work the same way. It will be one or two social events. However, it is valid that in case of multiple entitlements to the nursing allowance, the nursing allowance is paid for only one reason. Priority is given to the place where the complaint first arose.
Long-term and recurring nursing care
Here too, things will never be the same again and it is a positive step. Policyholders are currently not entitled to additional long-term care benefits within 12 months of their last claim. And this is in the case where you take care of both the same person treated and another person treated.
For example, you will begin long-term nursing care for your child lasting 14 days. In 5 months you will still have to take care of your mother, but she will no longer be entitled to care allowance. The restriction will now only apply to the same person’s care.
Continuation of quarantine
When another quarantine is ordered on the calendar day following the end of the previously ordered quarantine, the new quarantine is considered a continuation of the previous one. It applies even if the new one takes longer. The original legal status did not exactly address this situation, and during the Covid-19 pandemic there have indeed been many of them.
Cancellation of agreements on other deadlines
The institution of agreements concluded between the employer and the district social security administration is abolished, when it was possible to agree on other terms for notification obligations. According to the ČSSZ, this is no longer necessary, especially thanks to electronic communication. Agreements concluded pursuant to § 94 paragraph 3 remain valid for a period of 3 months from the date of entry into force of this Act.
Photo: Shutterstock, sources: Ministry of Internal Affairs and Communications, ČSSZ, Corsi
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2024-01-14 17:29:37
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