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Translation from Lithuanian Official translation REPUBLIC OF LITHUANIA LAW ON SICKNESS AND MATERNITY SOCIAL INSURANCE 21 December 2000 No IX-110 Vilnius CHAPTER I GENERAL PROVISIONS Article

  1. Purpose of the Law This Law shall indicate persons insured by sickness and maternity social insurance, establish their entitlement to benefits payable under this insurance scheme, conditions for the granting, calculation and payment of the benefits. Article
  2. Sickness and Maternity Social Insurance Sickness and maternity social insurance shall compensate for the insured in the cases prescribed by law for part of lost income from work under this insurance scheme due to their own sickness or sickness of their family members and also maternity, maternity (paternity) or due to participation in professional rehabilitation programme. Article
  3. Definitions As used in this Law:
  4. “The insured” means a natural person paying compulsory state social insurance contributions for himself and for whom compulsory state social insurance contributions are paid or had to be paid under law according to the procedure established by the State Social Insurance Law.
  5. “Insured income of the insured person” means all income of a person on which compulsory state social insurance contributions for sickness and maternity social insurance were paid or had to be paid as well as sickness benefits (including the first 2 days of sickness for which the employer pays), maternity, maternity (paternity) benefits, sickness due to occupational accidents or occupational disease benefits payable in accordance with the Law on Occupational Accidents and Occupational Diseases Law, and also unemployment social insurance benefits payable in accordance with the Law on Unemployment Social Insurance.
  6. “Compensatory salary” means the sum total of employees’ insured income from all employment over the last but one calendar quarter before the month of establishment of temporary incapacity for work, occupational rehabilitation programme, maternity leave or child care leave.
  7. “Sickness and maternity social insurance record” means the period during which compulsory state social insurance contributions for sickness and maternity social insurance are paid or had to be paid as required by law, and also periods during which the insured person was in receipt of sickness benefit (including the first 2 days of sickness for which the employer pays), maternity and maternity (paternity) benefits, as established by this Law, sickness due to occupational accidents or occupational disease benefits payable in accordance with the Law on Occupational Accidents and Occupational Diseases, and also unemployment social insurance benefits payable in accordance with the Law on Unemployment Social Insurance.
  8. “Benefit recipient” means a natural person entitled to sickness, maternity or maternity (paternity) benefits as established by the legislation.
  9. “Family member” means a spouse, child (adopted child), mother (father), and adoptive mother (adoptive father).
  10. “Current year’s insured income” means income calculated on the basis of methodology approved by the State Social Insurance Fund Council. The procedure for its calculation and approval shall be established by the Law on State Social Insurance Pensions. Article
  11. Persons Insured under Sickness and Maternity Social Insurance Scheme
  12. The following persons shall be compulsorily insured by sickness and maternity social insurance: 1) the persons employed under employment contracts with legal or natural persons, notary candidates (assessors) as well as the persons receiving remuneration for work and holding elected posts in elected organisations, appointed to constituency, town, region and polling district electoral and referendum commissions and receiving remuneration for work; 2) state politicians, judges, state officials and civil servants referred to in the Law on the Remuneration of State Politicians, Judges and State Officials and the Law on Civil Service (except for civil servants specified in Article 4

(2)of the Law on State Social Insurance) as well as persons appointed by the Seimas, the Speaker of the Seimas, the President of the Republic or the Prime Minister and receiving remuneration for work.
  1. Persons who are not compulsorily insured by sickness and maternity social insurance shall have the right to be insured under this social insurance scheme on the voluntary basis in accordance with procedure established by the Government. Article
  2. Sickness, Professional Rehabilitation, Maternity and Maternity (Paternity) Social Insurance Benefits
  3. Sickness, professional rehabilitation, maternity and maternity (paternity) social insurance benefits shall be granted and paid in accordance with this Law.
  4. Sickness benefits shall be granted to the persons entitled to this type of benefit in the following cases: 1) to the insured persons who became temporarily incapacitated for work due to illness or trauma and therefore lost income from work, except for the cases of granting and payment of sickness benefits provided for by the Occupational Accidents and Occupational Diseases Social Insurance Law; 2) for nursing sick family members. This benefit shall be granted if on the doctor’s instruction it is necessary to nurse a sick family member of the insured; 3) to the insured removed from the job due to the outbreak of infectious diseases or epidemic; 4) to the insured undergoing treatment at the health care institutions providing orthopaedic and/or prosthetic services. This benefit shall be granted to the insured persons for the entire duration of treatment at the said institution as well as for the period of travel to and from the health care institution. 5) for childcare if the regime for containing the spread of infection has been introduced in child care institutions.
  5. Maternity and maternity (paternity) benefits shall be granted to the insured persons entitled to this benefit in the following cases: 1) maternity benefit shall be granted to women for the duration of maternity leave; 2) maternity (paternity) benefit shall be granted to the insured person for the duration of parental leave until the child reaches the age of 1 year.
  6. Professional rehabilitation benefits shall be granted and paid to the insured persons entitled to the said benefits, for whom the need for professional rehabilitation services has been determined by the Disability and Capacity for Work Establishment Office under the Ministry of Social Security and Labour (hereinafter referred to as the DCWEO) provided that these persons are taking part in the professional rehabilitation programme. Article
  7. Compensatory Salary of the Benefit Recipient
  8. If the average monthly compensatory salary of the benefit recipient for the month when the insured became incapacitated for work or maternity leave was granted was less than one fourth of the current year’s insured income approved by the Government, the sickness and maternity benefit shall be calculated on the basis of the latter rate. If the average monthly compensatory salary for the month when child care leave had been granted was less than one third of the current year’s insured income approved by the Government, maternity (paternity) benefit shall be calculated on the basis of the latter rate.
  9. The average monthly compensatory salary of the benefit recipient for calculating the benefits shall not exceed the current year’s insured income approved by the Government by the total of 3.5 times.
  10. The benefit recipient’s average monthly compensatory salary shall be calculated according to the procedure established by the Regulations of Sickness and Maternity Social Insurance Benefits approved by the Government. Article
  11. Benefit Payment in the Event of Death of the Person Entitled to Receive the Benefit
  12. The total amount of the sickness benefit, professional rehabilitation benefit and maternity, maternity (paternity) benefit that the insured person was entitled to receive but did not receive because he died shall be paid to the persons who, upon submitting a certificate of the right of inheritance, inherit the property of the deceased.
  13. Maternity (paternity) benefit not received before the day of the death of the individual entitled to receive this benefit shall be paid to one of the child’s parents (adoptive parents) or a guardian. CHAPTER II SICKNESS BENEFIT Article
  14. Entitlement to Sickness Benefit
  15. In the cases specified in paragraph 2 of Article 5 of this Law the insured listed in paragraph 1 of Article 4 of this Law shall be entitled to sickness benefit if: 1) they become temporarily incapacitated for work and due to this lose their income from work and also if are not in receipt of sickness benefit on the basis of the Law on Social Insurance of Occupational Accidents and Occupational Diseases; 2) they had sickness and maternity social insurance record of no less than 3 months during the last 12 months or no less than 6 months during the last 24 months before the day of establishment of temporary incapacity for work.
  16. Sickness benefit shall be granted if the entitlement arose during the period of employment, including probation period and the day of dismissal from work.
  17. Sickness benefit shall be granted on the basis of incapacity for work certificate issued in accordance with procedures for issuing incapacity for work and maternity leave certificates approved by the Ministry of Health and the Ministry of Social Security and Labour. Article
  18. Duration of Sickness Benefit Payment due to the Insured Person’s Sickness or Trauma
  19. When the insured persons become temporarily incapacitated for work in the cases specified in subparagraphs 1, 3 and 4 of paragraph 2 of Article 5 of this Law, the sickness benefit for the first 2 calendar days of incapacity for work shall be paid by the employer. Sickness benefit shall be paid with the resources of the State Social Insurance Fund from the 3rd day of incapacity for work until the recovery or the day of establishment of the capacity for work. In case the DCWEO established the need for professional rehabilitation services the sickness benefit shall be paid until the first day of participation in the professional rehabilitation programme.
  20. For the insured persons in receipt of the state social insurance work incapacity pension the payment of the sickness benefit with the resources of the State Social Insurance Fund in the cases provided for in subparagraph 1 of paragraph 2 of Article 5 of this Law shall be started in accordance with procedure established in paragraph 1 of this Article; the benefit shall be paid for no longer than 90 calendar days over one calendar year.
  21. For the insured persons on the voluntary basis undergoing specialised in-patient treatment for alcoholism, narcotic addiction or toxic substance addiction the payment of the sickness benefit with the resources of the State Social Insurance Fund shall be commenced in the manner set in paragraph 1 of this Article and shall be paid for no longer than 14 calendar days and only once over the calendar year. Article
  22. Duration of Sickness Benefit Payment for Nursing a Family Member
  23. When an insured person is nursing a sick family member the payment of benefit from the State Social Insurance Fund resources shall be started from the first day of nursing the sick family member but no longer than for 7 calendar days.
  24. State social insurance sickness benefit for the purpose of nursing a sick child under 14 years of age shall be paid to the family member or a guardian entitled to receive sickness benefit under provisions of Article 8 of this Law; the payment shall start from the first day of nursing and shall be paid for no longer than 14 calendar days.
  25. State social insurance sickness benefit for the purpose of nursing a sick child under 7 years of age undergoing in-patient treatment, as well as for the purpose of nursing a child under 16 years of age who is sick with serious diseases (the list of which shall be approved by the Ministry of Health and the Ministry of Social Security and Labour), shall be paid to the family member or a guardian entitled to sickness benefit under provisions of Article 8 of this Law; the payment shall start from the first day of nursing and shall continue for the duration of treatment but for no longer than 120 days in a calendar year. Article
  26. Duration of Sickness Benefit Payment in Case of Outbreaks or Epidemics of Infectious Diseases
  27. When, following the procedure set by legal acts, quarantine regime is established in the focus of an outbreak of particularly dangerous infectious diseases or infectious diseases of unknown origin, sickness benefit shall be paid in accordance with procedures established in paragraph 1 of Article 9 of this Law to the insured removed from work due to this reason for the entire duration of removal from work until the lifting of the quarantine.
  28. In the cases provided for in subparagraph 3 of paragraph 2 of Article 5 of this Law the insured persons in receipt of the state social insurance work incapacity pension shall be paid state social insurance sickness benefit from the State Social Insurance Fund resources according to the procedure set in paragraph 2 of Article 9 of this Law.
  29. During outbreaks or epidemics of infectious diseases, when the insured person is temporarily removed from work as the infectious disease carrier and therefore cannot be transferred to another job, sickness benefit shall be calculated on the basis of compensatory salary received only in the job where the insured had been temporarily removed from work and shall be paid in accordance with the procedure established in paragraph 1 of Article 9 of this Law.
  30. When a regime to restrain the spread of infectious diseases is imposed in child care institutions according to the procedure established by legal acts and therefore the necessity arises to nurse a child, sickness benefit from the State Social Insurance Fund resources shall be paid in accordance with the procedure established in paragraph 2 of Article 10 of this Law. Article
  31. Duration of Sickness Benefit Payment to Persons Undergoing Orthopaedic and/or Prosthetic Treatment in Health Care Institutions
  32. The insured person undergoing orthopaedic and/or prosthetic treatment in a health care institution shall be paid sickness benefit in accordance with procedures established in paragraph 1 of Article 9 of this Law; benefit shall be paid for the full duration of treatment as well as for the travel days to and from the health care institution.
  33. The insured persons in receipt of the state social insurance work incapacity pension shall be paid the sickness benefit with the resources of the State Social Insurance Fund in the cases provided for in subparagraph 4 of paragraph 2 of Article 9 of this Law according to the procedure established in paragraph 2 of Article 9 of this Law. Article
  34. Payment of Sickness Benefit during Leave
  35. If the insured person becomes temporarily incapacitated for work due to sickness or trauma during the annual paid leave or if during the annual leave the insured person is undergoing medical treatment at the health care institution providing orthopaedic and/or prosthetic treatment, sickness benefit shall be paid in accordance with the procedure established in Articles 9 and 12 of this Law.
  36. If the insured person during the unpaid leave becomes temporarily incapacitated for work due to the reasons specified in paragraph 2 of Article 5 of this Law, or if the insured person is removed from work without entitlement to remuneration, sickness benefit shall be paid in accordance with procedures established in Articles 9 to 12 of this Law; sickness benefit shall be paid from the day the insured was to start working. The same procedure shall apply if the insured is removed from work during the sick leave. Article
  37. Amount of Sickness Benefit
  38. The amount of sickness benefit for the first 2 calendar days of sick leave that is paid by the employer shall not be less than 80 per cent and not more than 100 per cent of benefit recipient’s average salary calculated in accordance with procedure established by the Government.
  39. The amount of State Social Insurance Fund sickness benefit paid with the resources of the State Social Insurance Fund shall make up 85 per cent of the benefit recipient’s compensatory salary. The amount of the benefit per month shall not be less than one forth of the current year’s insured income valid in the month of the beginning of the incapacity for work.
  40. Sickness benefit shall be calculated and paid in accordance with procedures established by the Regulations of Sickness and Maternity Social Insurance Benefits approved by the Government. Article
  41. Conditions under which Sickness Benefit shall not be Paid
  42. Sickness benefit shall not be paid if the relevant institutions establish that the insured: 1) became temporarily incapacitated for work due to trauma received when committing a criminal act; 2) did damage to his health or pretended being sick; 3) became temporarily incapacitated for work due to abuse of alcohol, narcotics, and toxic or psychotropic materials.
  43. The persons who violated the treatment and medical care regime prescribed by the doctor, failed to attend the appointment with the doctor or to did not undergo for any valid reason a medical check–up prescribed by law may be refused sickness benefit or the payment of the benefit may be terminated from the day of commission of the violation following the Regulations of Sickness and Maternity Social Insurance Benefits approved by the Government. CHAPTER III MATERNITY AND MATERNITY (PATERNITY) BENEFITS Article
  44. Entitlement to Maternity Benefit over the Duration of Maternity Leave
  45. Persons insured in accordance with procedures established in paragraph 1 of Article 4 of this Law who were granted maternity leave shall be granted maternity benefit for the duration of maternity leave if before the first day of maternity leave they had sickness and maternity social insurance record for no less 3 months over the last 12 months or for no less than 6 months over the last 24 months.
  46. A woman dismissed from work during her pregnancy or during her maternity leave due to the liquidation or bankruptcy of the enterprise, establishment, organisation as well as due to the termination of the fixed-term employment contract or due to the expiry of the term of appointment to office or term of powers of the persons specified in the Law on Civil Service or the Law on Remuneration for Work of State Politicians, Judges and State Officials, provided she has sickness and maternity social insurance record specified in paragraph 1 of this Article, shall be paid maternity benefit according to the procedure established in Article 17 of this Law.
  47. Maternity benefit shall be granted for the full duration of maternity leave on the basis of the certificate confirming pregnancy and maternity leave certificate issued in accordance with rules for issuing incapacity for work and maternity leave certificates approved by the Ministry of Health and the Ministry of Social Security and Labour. Article
  48. Duration of Maternity Benefit Payment during Maternity Leave Period
  49. Maternity benefit shall be paid to women for 70 calendar days before the child birth (after 28 or more weeks of pregnancy) and for 56 calendar days after the child birth (in the case of complicated confinement or if more than one child was born, up to 70 calendar days). Benefit shall be paid for all fixed period before and after the child birth regardless of the actual number of days before the confinement.
  50. Women having given birth during 22nd to 28th week of pregnancy shall be paid maternity benefit for 28 calendar days after the child birth. If the child lives for 28 days and longer, benefit shall be paid for 70 calendar days after the child birth.
  51. The insured person who has adopted a newly born baby or has been appointed as its guardian shall be paid maternity benefit for the period from the date of adoption or guardianship before the baby is 70 days old. Article
  52. Amount of Maternity Benefit Paid during Maternity Leave Period
  53. The amount of maternity benefit during the maternity leave period shall make 100 per cent of the benefit recipient’s compensatory salary. The amount of maternity benefit per month though shall not be lower than one-forth of the current year’s insured income valid for the month the maternity leave had been granted.
  54. Maternity benefit shall be calculated and paid in accordance with procedures established by the Regulations of Sickness and Maternity Social Insurance Benefits approved by the Government. Article
  55. Entitlement to Maternity (Paternity) Benefit
  56. One of the parents (adoptive parents) or a guardian shall be entitled to maternity (paternity) benefit provided he: 1) has been insured in accordance with provisions of paragraph 1 of Article 4 of this Law; 2) has been granted a child care leave before the child reaches the age of 1 year in accordance with the procedures established by the legislation; 3) over the last 24 months before the first day of child care leave had no less than 7 months of sickness and maternity social insurance record.
  57. When a woman in receipt of maternity (paternity) benefit is granted maternity leave and she becomes entitled to maternity benefit for the duration of maternity leave period, she will be paid the larger of the two benefits or the benefit of her choice.
  58. A person not entitled to maternity (paternity) benefit from the State Social Insurance Fund resources shall be paid a benefit on the basis of the Law on State Benefits to Families Raising Children.
  59. One of the parents (adoptive parents) or guardians who has been granted parental leave, according to the procedure established by law, until the child reaches the age of 1 year and who receives maternity (paternity) benefit, dismissed from work due to the liquidation or bankruptcy of the enterprise, establishment, organisation as well as due to the termination of the fixed-term employment contract or due to the expiry of the term of appointment to office or term of powers of the persons specified in the Law on Civil Service or the Law on Remuneration for Work of State Politicians, Judges and State Officials, shall be paid maternity benefit according to the procedure established in Article 20 of this Law, but only until the person takes up employment .
  60. One of the parents (adoptive parents) or guardians who has sickness and maternity social insurance record specified in paragraph 1 of this Article, who has been dismissed from work due to the liquidation or bankruptcy of the enterprise, establishment, organisation as well as due to the termination of the fixed-term employment contract or due to the expiry of the term of appointment to office or term of powers of the persons specified in the Law on Civil Service or the Law on Remuneration for Work of State Politicians, Judges and State Officials, and for this reason has not been granted parental leave until the child is 1 year of age, shall be paid maternity benefit according to the procedure established in Article 20 of this Law, but only until the person takes up employment. Article
  61. Duration of Maternity (Paternity) Benefit Payment
  62. Maternity (paternity) benefit shall be paid from the period of child care leave after the end of maternity leave until the child reaches the age of 1 year.
  63. If the mother was not in receipt of maternity benefit for the duration of maternity leave, maternity (paternity) benefit shall be granted to the persons entitled to it as specified in Article 19 of this Law from the day of birth of the child. 3.If the mother in receipt of maternity benefit for the duration of pregnancy and confinement leave dies, maternity (paternity) benefit shall be granted to the persons entitled to it as specified in Article 19 of this Law from the day of the mother’s death. Article
  64. The Amount of Maternity (Paternity) Benefit The amount of the maternity (paternity) benefit shall make up 70 per cent of the benefit recipient’s compensatory salary. The amount of the benefit per month shall not be less than one third of the current year’s insured income approved by the Government. When the insured has more than one employment, maternity (paternity) benefit shall be calculated on the basis of compensatory salary only at those jobs were the person has been granted child care leave. The benefit shall be calculated and paid in accordance with procedures established by the Regulations of Sickness and Maternity Social Insurance Benefits approved by the Government. CHAPTER IV PROFESSIONAL REHABILITATION BENEFIT Article 21
(1). Entitlement to Professional Rehabilitation Benefit
  1. The insured persons listed in paragraph 1 of Article 4 of this Law shall be entitled to the receipt of professional rehabilitation benefit in the case specified in paragraph 4 of Article 5 of this Law provided that they: 1) take part in the professional rehabilitation programme and for this reason do not receive remuneration for work; 2) have sickness and maternity social insurance record of no less than 3 months during the last 12 months or no less than 6 months during the last 24 months before the commencement of the rehabilitation programme.
  2. Professional rehabilitation benefit shall be granted on the grounds of the decision of the DCWEO regarding the need for professional rehabilitation services and the professional rehabilitation certificate issued on the basis of the Rules of the Issue of Professional Rehabilitation Certificates approved by the Ministry of Social Security and Labour . Article 21
(2). Payment of Professional Rehabilitation Benefit
  1. The person entitled to the professional rehabilitation benefit shall be shall be granted the benefit for the period of participation in the professional rehabilitation programme and shall be paid from the first day of the person’s participation in the professional rehabilitation programme until the persons gains capacity for work or is recognised as fully or partially incapacitated for work, but not for longer than 180 calendar days. The benefit shall be paid every month (for the preceding month).
  2. The person not entitled under this Law to professional rehabilitation benefit shall be granted the benefit for the period of participation in the professional rehabilitation programme and shall be paid with the State Budget resources according to the procedure established by the Government. Article 21
(3). Amount Professional Rehabilitation Benefit
  1. The amount of professional rehabilitation benefit paid under this Law shall be equal to 85 per cent of the benefit recipient’s compensatory salary.
  2. The amount of the professional rehabilitation benefit per month shall not be less than the double amount of the state social insurance basic pension valid at the beginning of the professional rehabilitation programme.
  3. Professional rehabilitation benefit shall be calculated and paid according to the procedure established by the Regulations of Sickness and Maternity Social Insurance Benefits approved by the Government. The benefit shall be paid with the State Social Insurance Fund resources. Article 21
(4). Non-payment of Professional Rehabilitation Benefit If a person does not participate in the professional rehabilitation programme the professional rehabilitation benefit shall not be granted regardless of the fact that the need for professional rehabilitation services has been established for the person and he has been issued the professional rehabilitation certificate, while the payment of the granted benefit shall be terminated in accordance with the procedure established by the Regulations of Sickness and Maternity Social Insurance Benefits approved by the Government. Article 21
(5). Renewal of Payment of Professional Rehabilitation Benefit The payment of the terminated professional rehabilitation benefit shall be renewed in accordance with the procedure established by the Regulations of Sickness and Maternity Social Insurance Benefits approved by the Government as from the day the person resumed the formerly started professional rehabilitation programme. CHAPTER V STATE SOCIAL INSURANCE FUND RESOURCES FOR SICKNESS AND MATERNITY SOCIAL INSURANCE Article
  1. State Social Insurance Fund Resources for Sickness and Maternity Social Insurance
  2. The resources designated for sickness and maternity social insurance shall be included in the State Social Insurance Fund budget following the procedure established by laws and in accordance with the Law on the Approval of the Indicators of the Budget of the State Social Insurance Fund which establishes contribution rates for this state social insurance scheme.
  3. Sickness and maternity social insurance revenues shall be composed of employers’ and employees’ compulsory state social insurance contributions to this insurance scheme, late payment interest and penalty charges. A certain portion of sickness and maternity social insurance income may be comprised of funds allocated from the State Social Insurance Fund budget reserve.
  4. Sickness and maternity social insurance expenses shall comprise the funds designated for the payment of sickness, professional rehabilitation, maternity and maternity (paternity) benefits defined in Article 5 of this Law. Article
  5. State Social Insurance Contribution Rates for Sickness and Maternity Social Insurance State social insurance contribution rates for sickness and maternity social insurance shall be approved by the Law on the Approval of the Indicators of the Budget of the State Social Insurance Fund. Article
  6. Procedure for the Payment of State Social Insurance Contributions State social insurance contributions for sickness and maternity social insurance scheme for each employee specified in paragraph 1 of Article 4 of this Law shall be calculated and paid in accordance with the procedure established by laws together with other compulsory state social insurance contributions. CHAPTER VI FINAL PROVISIONS Article
  7. Resolution of Disputes Disputes regarding application of this Law shall be resolved in accordance with the procedure established by laws. Article
  8. Proposal to the Government Within two months after the coming into force of this Law the Government shall approve the Regulations of Sickness and Maternity Social Insurance Benefits. Article
  9. Coming into Force of the Law
  10. This Law shall come into force as of 1 January
  12. The provisions of this Law shall apply to persons who became temporarily incapacitated for work after the coming into force of this Law due to maternity, maternity (paternity) and also due to sickness or trauma, except for the cases provided for by the Law on Social Insurance of Occupational Accidents and Occupational Diseases.
  13. Sickness, maternity, and maternity (paternity) benefits granted before the coming into force of this Law shall not be recalculated and shall be paid in accordance with procedure set prior to the coming into force of this Law.
  14. Until the Regulations of Sickness and Maternity Social Insurance Benefits are approved, State Social Insurance Benefits Regulations shall be applied to the extent they do not contradict this Law. I promulgate this Law passed by the Seimas of the Republic of Lithuania PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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