I would like to ask you to analyze an unusual case. Until August 31, 2014, I was a full-time employee, from September 1 I was supposed to go part-time, which I agreed to. In August I was hospitalized and since then I had a sick leave until the end of my pregnancy (November). Despite the change in working time, I was receiving a sickness benefit calculated on the basis of my full-time remuneration pursuant to Art. 43 of the Act of June 25, 1999 on cash benefits from social insurance in the event of sickness and maternity. The baby was born in November. How should Maternity Benefit be calculated? Based on Article. 40 (in connection with the change in the working time) or pursuant to art. 43 (there was no interruption between the periods of receiving benefits).
In my opinion, the basis for the payment of the allowance should be Art. 40 of the Act on cash benefits from social insurance in the event of sickness and maternity.
Pursuant to this article, in the event of a change in the employment contract or other act on the basis of which the employment relationship was established, consisting in a change in the working time, the basis for the maternity allowance calculation is the remuneration established for the new working time, if the change took place in the month in which the incapacity for work arose.
To determine the basis for the maternity allowance, the income constituting the basis for the calculation of the sickness insurance contribution is used, after deduction of social security contributions deducted by the employer.
The basis for the calculation of the maternity allowance (identical to the sickness benefit) due to the insured employee is the average monthly remuneration paid for the period of 12 calendar months preceding the month in which the incapacity for work arose.
In line with art. 40 of the commented act, in the event of a change in the employment relationship (employment contract or other act on the basis of which the employment relationship was established), which consists in changing the working time, the basis for the allowance is the new remuneration - established for the new working time, if the change took place in : the month in which the incapacity for work arose or during the preceding 12 calendar monthsthe month in which the incapacity for work arose and in a period shorter than 12 months, if the incapacity for work occurred before the expiry of 12 calendar months preceding the month in which the incapacity for work arose.
Legal basis: Act on cash benefits from social insurance in the event of sickness and maternity (Journal of Laws of 2004, item 159 as amended)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
More advice from this expert
Is it possible to reimburse a private denture by the National He alth Fund? [Expert advice]Can a nurse employed by ZOL inform about a patient's death? [Expert advice] Voluntary he alth insurance for a person working abroad [Expert advice] Business activity and we have to apply for he alth insurance [Expert advice]How do I get a referral for a free PSA test? [Expert advice]I am chronically ill: can ZOL discharge me without my consent? [Expert advice]Continuation of sick leave after the end of sickness benefit [Expert advice]The gambler's husband and the protection of the family against bankruptcy [Expert's advice]The teacher and the stay in the sanatorium that ends at the beginning of the school year [Expert's advice]Renewal / issue of a new disabled parking card [Expert's advice]Stay on L4 after an accident and a sanatorium due to another disease [Expert's advice]Work during maternity and parental leave [Expert's advice] He alth insurance break: what can I do? [Expert advice]Reimbursement of a rehabilitation bed or other equipment for a stroke survivor [Expert advice]Resignation from the sanatorium due to illness and the date of the next stay [Expert's advice]Sanatorium for a person assigned to the insurance of a spouse registered in the PUP [Expert's advice]Referral to the sanatorium: can I change the place? [Expert advice]The effects of orthodontic treatment and compensation [Expert's advice]A dietetics student at the Medical University and a visit to a psychiatrist [Expert advice]The white coat syndrome and the military fitness test [Expert's tip]Vaccinations against ticks. Where can I get vaccinated for free? [Expert advice]Contract-mandate and payable L4 [Expert's advice]Contract-order for a doctor for night duty [Expert's advice]Explosion of the syringe during treatment at the dentist and compensation [Expert advice]Departure to the retiree teacher's sanatorium [Expert's advice]A teacher's trip to a sanatorium during the school year and a sick leave [Expert's advice]Alcohol related car accident and hospital compensation [Expert advice]Thrombophlebitis and the disability group and the pension [Expert's advice]Change in the job size: what is the basis for calculating maternity allowance? [Expert advice]Sick leave for a sanatorium as part of disability prevention [Expert advice]