Maternity allowance - how to determine the right to it?

Maternity allowance is a very interesting issue for future parents. Therefore, it is worth finding out who is entitled to such a benefit, for what period it can be collected and what is its amount.

When is maternity allowance granted?

The benefit in the form of maternity allowance is granted in connection with:

• the birth of a child,

• accepting a child up to the age of 7 or up to the age of 10 for upbringing of a child, if the compulsory schooling has been postponed, and applying to the guardianship court regarding his or her adoption,

• accepting a child up to the age of 7 (or up to the age of 10, if a decision was made to postpone compulsory education) under a foster family (except for a professional foster family unrelated to the child).

Maternity allowance is granted for the periods corresponding to the holiday periods:

• maternity leave or leave on the terms of maternity leave,

• parental,

• paternity.

Who can apply for Maternity Benefit?

Persons covered by sickness insurance can apply for maternity allowance, in particular:

• employees,

• members of agricultural production cooperatives and cooperatives of agricultural circles,

• homeworkers,

• persons performing work on the basis of an agency contract or contract of mandate or other contract for the provision of services, as well as persons cooperating with them,

• people who work on the basis of an activation contract,

• people running non-agricultural activities and people cooperating with them,

• persons working for a fee on the basis of an assignment to work, while serving a sentence of imprisonment or pre-trial detention,

• persons on alternative service,

• clergy,

• other persons covered by sickness insurance.

The period of receiving maternity allowance

Maternity allowance is granted for the period corresponding to the period of maternity leave (or leave on the terms of maternity) and parental leave and amounts to:

• 52 weeks - when one child is born / adopted for upbringing,

• 65 weeks - when two children are born / adopted for upbringing,

• 67 weeks - when three children are born / adopted for upbringing,

• 69 weeks - when four children are born / adopted for upbringing,

• 71 weeks - when five or more children are born / adopted for upbringing.

In the case of paternity leave, the allowance may be drawn for a maximum of 2 weeks, regardless of the number of children born or accepted for upbringing at the same time. It is also important that paternity leave can be used until the child reaches 24 months of age. However, when the child has been adopted, it is also possible to take this leave within 24 months. The period is counted from the day the decision of the court adjudicating the adoption becomes final and no longer than until the child reaches the age of 7, and in the case of a child for whom the decision to postpone the compulsory schooling has been made, no longer than until the child reaches the age of 10. life.

Amount of maternity allowance

For the period of maternity leave, leave on the terms of maternity leave and paternity leave, the insured person is entitled to a maternity allowance in the amount of 100% of the allowance calculation basis.

The situation is different in the case of parental leave. 100% of the allowance calculation basis can be obtained for the period of:

• 6 weeks of parental leave - when one child is born or accepted for upbringing,

• 8 weeks of parental leave - when two or more children are born or accepted for upbringing,

• 3 weeks of parental leave - when the child is taken in for upbringing, if the insured person is entitled to maternity allowance for the period corresponding to the period of leave under the conditions of maternity leave with a minimum duration of 9 weeks.

For the remainder of the parental leave, the maternity allowance amounts to 60% of the allowance calculation basis.

If the child's father and mother decide to take parental leave from the same day, the period of receiving the allowance equal to 100% of the allowance calculation basis should be divided proportionally between the parents.

Important! If both parents apply for maternity allowance, but not on the same day, the benefit of 100% of the basis is due to the parent who started receiving maternity allowance first.

In order to receive an allowance of 80% for the entire period of maternity leave, the condition for submitting a written application for granting after maternity leave or leave under the conditions of maternity leave full-time parental leave, no later than within 21 days after giving birth (or after giving birth), must be met. accepting a child for upbringing and submitting a request to the court to initiate proceedings on the adoption of a child or after the child is accepted for upbringing as a foster family).

For the period of paternity leave, the maternity allowance amounts to 100% of the allowance calculation basis.

Having a child during parental leave and the right to maternity allowance

Sometimes there are situations when a woman becomes pregnant and has a scheduled delivery date while on parental leave. If a child is born during the parental leave, an employee has two options:

• interrupt the childcare leave by submitting an appropriate application to your employer, and then apply for full-time maternity and parental leave,

• continue the childcare leave, and from the day of giving birth, apply for maternity allowance for the period of maternity and parental leave.

What about when a child is born during unpaid leave?

The situation is slightly different in the case of an employee who gave birth to a child while on unpaid leave. In such a case, she is entitled to maternity allowance only for the period of maternity leave or parental leave following the unpaid leave.

The right to sickness benefit in the event of termination of sickness insurance

Can maternity allowance be granted when sickness insurance has ended? Of course, but only in certain situations. It happens when the insurance ceased during pregnancy as a result of the employer's bankruptcy or liquidation or in violation of the law, confirmed by a final court decision. In addition, if the employment contract is terminated for the above-mentioned reasons and the employee is not provided with other employment, she is also entitled to an allowance equal to the maternity allowance until the day of giving birth.

She will not get maternity allowance

As a rule, maternity allowance cannot be granted to a person who is in temporary detention or serving a sentence of imprisonment. The exception, however, is a situation in which a woman gave birth to a child, while being subject to sickness insurance for taking up employment on the basis of an assignment to work while serving a sentence of imprisonment or temporary arrest.