I'm pregnant and have a part-time contract. However, by the time I went to L4, I was employed full time. From next month, I have a part-time contract again. What salary will I be en titled to in the next month?
It is worth using the help of the authorities of the Social Insurance Institution in this matter. The legal provisions do not fully show the situation presented in the question, and the systemic interpretation may raise problems of interpretation. In my opinion, if the person worked full-time and during this period became pregnant and took advantage of the sickness benefit, it should be calculated on the basis ofcontract for the last 12 months .
Pursuant to Art. 23 of the Act on cash benefits from social insurance in the event of sickness and maternity, the basis for the sickness benefit amount 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, i.e. pregnancy. The sickness benefit calculation basis for one day of incapacity for work isone-thirtieth of the wageon which the benefit calculation basis is made. The basis for the calculation of the sickness benefit of the employee is determined taking into account the remuneration obtained from the contribution payer during the period of continuous sickness insurance, during which the inability to work arose. It is also worth using the assistance of the Social Insurance Institution (ZUS) in this matter.Legal basis:Act on cash benefits from social insurance in the event of sickness and maternity (Journal of Laws of 2014, item 159)
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.
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