- Maternity leave with employment contract
- Who is en titled to maternity leave? Check! [TOWIDEO]
- How much leave to whom?
- Maternity allowance when you run a business
If you work under a contract of employment or run a business, you are en titled to a special maternity leave and allowance after giving birth. Check exactly what your rights are.
The first monthsafter giving birthis a very important time for you andbaby . You are then very much needed by your little one, even indispensable. The labor code provided for it.
Maternity leave with employment contract
You are en titled to paidmaternity leave . Its length depends on which child it is (see box). You can (but do not have to) take at least 2 weeks of maternity leave before giving birth. If you do not use this option, your leave is considered to start on the day of your childbirth. During this leave you will receive 100% maternity allowance. your average salary for the last 12 months. You can take the annual leave you are en titled to immediately after your maternity leave. The employer is obliged to provide it.
- If you are taking maternity leave before giving birth, you must provide your employer with a medical certificate stating the expected date of the birth. On this basis, you will receive the allowance you are en titled to. And when you start your leave only on the day of giving birth, a copy of the child's birth certificate and a declaration whether it is your first or subsequent child are required to receive the allowance.
- You cannot shorten the maternity leave in order to return to work earlier. However, you can share it with the child's father, but only after 14 weeks - then the rest of the leave is taken by the child's father, if he is en titled (i.e. he is insured). He will also be paid maternity allowance, calculated according to the same rules (of course, in relation to his earnings).
- An employer cannot dismiss a person on maternity leave. You only cease to be an employee in the event of the liquidation or bankruptcy of your workplace. But even then, you are en titled to Maternity Benefit (it is paid for the period of maternity leave that falls after the birth).
- The allowance is also granted if you have a fixed-term employment contract (longer than 1 month), but there is a condition - on the day the contract expires, your pregnancy must last at least 3 months. Then the contract is extended toon the day of childbirth and you will receive Maternity Benefit ( although you are no longer en titled to holiday leave).
- Parents of adopted children have the same rights to the allowance and leave. Moreover, since December 19, 2006, these rights apply to the adoption of children up to 7 years of age, and in special cases up to 10 years of age (previously, they were available only when the child was under one year of age). For the payment of the allowance, a certificate of application to the court for the initiation of proceedings on the adoption of a child is required.
Who is en titled to maternity leave? Check! [TOWIDEO]
ImportantHow much leave to whom?
18 weeks - in the first delivery 20 weeks - in each subsequent childbirth 28 weeks - when more than one child was born If you sign an employment contract while you are pregnant, ZUS can check whether you have actually worked. If he decides that the contract is fictitious, he will refuse to pay the benefit.
Maternity allowance when you run a business
You will receive maternity allowance from ZUS, provided that you pay the sickness insurance contribution. It is voluntary and you can start paying it while you are already pregnant. However, it is important to do this by the 10th of each month. The benefit period is the same as for female employees. What will be the approximate amount of the allowance: from your average monthly income (from the last 12 months), from which you paid the sickness contribution to ZUS, you have to deduct the social security contribution. This is more or less the maternity allowance.
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