I will describe my wife's situation. We are preparing for the IVF procedure. My wife underwent laparoscopy two months ago and is on sick leave. We have the surgery at the end of December. My questions: 1. If she is still on L4 until the procedure (about 3 months) and the procedure is positive, i.e. pregnant, will she still be en titled to 270 days of benefit? 2. Does she have to go back to work now, work 30 days and if the treatment is positive, then she can get L4 for pregnancy?
When answering the first question , answer in the affirmativeand emphasize that according to the Act on cash benefits from social insurance in the case of sickness and maternity, the wife is en titled to sickness allowance for the duration of her inability to work due to illness or inability to work, if the incapacity for work occurs during pregnancy - not longer than 270 days.
The second question should be considered after consulting your doctor. If he decides that it is appropriate to remain on sick leave, then there is nothing to prevent the wife from continuing to be on sick leave for the period of pregnancy. The wife, in accordance with Art. 4 of the Act, acquires the right to sickness benefit after the waiting period has expired. For persons subject to compulsory he alth insurance (employment), the waiting period is 30 days. Thus, sickness benefit is paid to a person who becomes incapable of work due to sickness during the period of sickness insurance. Sickness benefit is also granted to a person who becomes incapable of work after termination of sickness insurance, if the incapacity for work continued continuously for at least 30 days and arose no later than within 14 days from the end of sickness insurance.Basis legal: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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