Translation from Lithuanian

Translation from Lithuanian Official translation REPUBLIC OF LITHUANIA LAW ON SICKNESS AND MATERNITY SOCIAL INSURANCE 21 December 2000 No IX-110 (As last amended on 22 September 2009 – No XI-420) Vilnius CHAPTER I GENERAL PROVISIONS Article

1. Purpose of the Law This Law shall indicate persons who are insured by sickness and maternity social insurance, establish their entitlement to allowances payable under this insurance scheme, conditions for the granting, calculation and payment of such allowances. Article
2. Sickness and Maternity Social Insurance In the cases prescribed by law the sickness and maternity social insurance shall compensate the persons insured under this insurance scheme a part of the lost income from work due to their own sickness or sickness of their family members, also due to maternity, paternity, maternity (paternity) or the income from work they have not received due to participation in a vocational rehabilitation programme. Article
3. Definitions As used in this Law:
4. “The insured person” means a natural person paying the state social insurance contributions for himself and for whom the 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 state social insurance contributions for sickness and maternity social insurance were paid or had to be paid as well as sickness allowances (including the first 2 days of sickness for which the employer pays), vocational rehabilitation, maternity, paternity, maternity (paternity) allowances set by this Law and counted for the insured person, sickness due to occupational accidents or occupational disease allowances payable in accordance with the Law on Social Insurance of Occupational Accidents and Occupational Diseases, and also unemployment social insurance allowances payable in accordance with the Law on Unemployment Social Insurance.
6. “Reimbursed remuneration” means the sum total of the insured person’s insured income on the basis of which sickness and maternity social insurance shall be calculated.
7. “Sickness and maternity social insurance record” means the periods during which state social insurance contributions for sickness and maternity social insurance are paid or had to be paid as required by law, as well as the periods during which the insured person was in receipt of a sickness allowance (including the first 2 days of sickness for which the employer pays), vocational rehabilitation, maternity, paternity and maternity (paternity) allowances, as established by this Law, sickness due to occupational accidents or occupational disease allowances payable in accordance with the Law on Social Insurance of Occupational Accidents and Occupational Diseases, unemployment social allowances payable in accordance with the Law on Unemployment Social Insurance. The social insurance record of self-employed persons or persons who receive income from sport or performer’s activities, or under the copyright agreements shall be determined according to the paid social insurance contributions. If such contributions have been paid on the sum in the amount of a minimum monthly wage, the social insurance record of one month shall be acquired. In the cases when the contributions have been paid on the sum smaller or larger than the minimum monthly salary, the social insurance record shall be considered to be proportionally shorter or longer. The sickness and maternity social insurance record shall be calculated in accordance with the procedure laid down by the Regulations of Sickness and Maternity Social Insurance Allowances, approved by the Government.
8. “Beneficiary of the allowance ” means a natural person entitled to sickness, vocational rehabilitation, maternity, paternity or maternity (paternity) allowances as established by law.
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 the methodology approved by the State Social Insurance Fund Council. The procedure of 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 persons specified in paragraph 1 of Article 4 of the Law on State Social Insurance shall be compulsorily insured with the sickness and maternity social insurance when insuring for sickness, vocational rehabilitation, maternity, paternity and maternity (paternity) social insurance allowances.
13. The persons specified in paragraphs 3 and 5 of Article 4 of the Law on State Social Insurance, with the exception of the person who receive income under the copyright agreement, shall be compulsorily insured with the sickness and maternity social insurance when insuring for maternity, paternity and maternity (paternity) social insurance allowances.
14. The persons who receive income under the copyright agreement shall be insured with the sickness and maternity social insurance for sickness, vocational rehabilitation, maternity, paternity and maternity (paternity) social insurance allowances.
15. Persons who are not compulsorily insured under sickness and maternity social insurance scheme shall have the right to be insured under this social insurance scheme on the voluntary basis in accordance with the procedure established by the Government.
16. Persons who receive income from sport or performer’s activities, or under the copyright agreements, shall be considered to have been insured from the date of the beginning of social insurance until the day of the insured event, if during this period the social insurance contributions have been paid on the income amount which is not less than the amount of the minimum monthly wages of this period. The persons referred in this paragraph shall be considered insured for a period not exceeding 24 months from the date of the beginning of social insurance. Article
17. Sickness, Vocational Rehabilitation, Maternity, Paternity and Maternity (Paternity) Social Insurance Allowances
18. Sickness, vocational rehabilitation, maternity, paternity and maternity (paternity) social insurance allowances shall be granted and paid in accordance with this Law.
19. Sickness allowances shall be granted to the persons entitled to this type of the allowance 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 allowances provided for by the Occupational Accidents and Occupational Diseases Social Insurance Law; 2) for nursing sick family members. This allowance 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 epidemics; 4) to the insured undergoing treatment at the health care institutions providing orthopaedic and/or prosthetic services. This allowance 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 child care if the regime for containing the spread of infection has been introduced in child care institutions; 6) for child care if the person who has been granted a maternity leave or a child care leave until the child is 3 years old (hereafter referred to as a child care leave) is unable to take care of the child due to her/his own sickness or trauma; 7) for the insured persons who have become temporarily incapable for work because of taking of the tissues, cells or organs for transplantation with the purpose of donation.
20. Maternity, paternity and maternity (paternity) allowances shall be granted to the insured persons entitled to this allowance in the following cases (with the exception of the cases provided for in paragraph 5 of this Law): 1) a maternity allowance shall be granted to women for the duration of the maternity leave; 2) a paternity allowance shall be granted to the insured person during his paternity leave to take care of the child until he reaches the age of 1 month; 3) a maternity (paternity) allowance shall be granted to the insured person for the duration of the child care leave until the child reaches the age of 2 years.
21. Vocational rehabilitation allowances shall be granted and paid to the insured persons entitled to the said allowances, for whom the need for vocational 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 vocational rehabilitation programme.
22. The persons who are compulsorily insured with the sickness and maternity social insurance when insuring for maternity, paternity and maternity (paternity) social insurance allowances, as well as the persons referred to in paragraph 3 of Article 4 of this Law shall be granted allowances in the following cases: 1) a maternity allowance – according to a submitted certificate about a maternity leave, issued pursuant to the procedure laid down in paragraph 5 of Article 16 of this Law, provided that a woman does not have the income on which sickness and maternity social insurance contributions are being calculated; 2) a paternity allowance – one month from the birth of a child, provided that the child’s father does not have the income on which sickness and maternity social insurance contributions are being calculated; 3) a maternity (paternity) allowance – until a child reaches the age of two years. If a person has the income on which sickness and maternity social insurance income is being calculated, the provisions of paragraph 4 of Article 21 of this Law shall apply accordingly when paying the said allowance.
23. The persons specified in subparagraphs 3 and 5 of Article 4 of the Law on the State Social Insurance, upon having submitted a certificate about a maternity leave (subparagraph 1 of paragraph 5 of this Article), shall be equated to the persons who have been granted a maternity leave, and upon having submitted a child’s birth certificate (subparagraphs 2 and 3 if paragraph 5 of this Article) – to the persons who have been granted a parental leave or a child care leave. For the persons referred to in this paragraph the beginning of a parental leave shall be the day of birth of a child, and the day of a child care leave – the day following the paternity leave or maternity leave. Article
24. The Reimbursed Remuneration
25. The reimbursed remuneration on the basis of which the amount of sickness and vocational rehabilitation allowances is determined shall be calculated on the basis of the insured person’s insured income held in the calendar quarter preceding the calendar quarter that was before the month when the temporary incapacity for work was established or the vocational rehabilitation programme began.
26. The reimbursed remuneration on the basis whereof the amount of maternity, paternity and maternity (paternity) allowances are determined shall be calculated according to the insured income of an insured person, which he has had in the course of nine calendar months, and from 1 July 2009 – in the course of twelve calendar months preceding the month of the beginning of a maternity leave, paternity leave or child care leave.
27. If an insured person had a maternity leave, paternity leave or child care leave (until a child reaches the age of 3) during the whole period of time referred to in paragraph 2 of this Article, at his/her request a new maternity, paternity or maternity (paternity) allowance may be calculated from the reimbursed remuneration on the basis of which the previous (preceding) maternity, paternity or maternity (paternity) allowance has been calculated.
28. The average monthly reimbursed remuneration for calculation of a sickness allowance is less than one quarter of the insured income approved by the Government for the current year valid at the month of the origin of the temporary disability for work, this allowance shall be calculated by applying the latter amount. If the average monthly reimbursed remuneration for calculation of a maternity, paternity, maternity (paternity) allowance is less than one third of the insured income approved by the Government for the current year valid at the month when a maternity, paternity or child care leave began, these allowances shall be calculated based on the latter amount. If the average monthly reimbursed remuneration of a beneficiary of a vocational rehabilitation allowance is less than the sum total of two base pensions of the state social insurance valid at the month when the vocational rehabilitation programme began, a vocational rehabilitation allowance shall be calculated on the basis of the latter amount.
29. Reimbursed remuneration for calculation of allowances may not exceed the sum of the five-fold amount of the insured income approved by the Government for the current year, which was valid in the month of acquisition of the entitlement to an appropriate allowance.
30. The average monthly reimbursed remuneration for calculation of allowances shall be calculated in accordance with the procedure laws down by the Regulations of Sickness and Maternity Social Insurance Allowances. Article
31. Allowance Payment in the Event of Death of the Person Entitled to the Allowance
32. The amounts of sickness, vocational rehabilitation and maternity, paternity, maternity (paternity) allowances 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.
33. Repealed on 1 July
35. Repealed on 1 July
36. CHAPTER II SICKNESS ALLOWANCE Article
37. Entitlement to a Sickness Allowance
38. 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 a sickness allowance if: 1) they become temporarily incapacitated for work and due to this lose their income from work and also if during that period they are not in receipt of a sickness allowance on the basis of the Law on Social Insurance of Occupational Accidents and Occupational Diseases; 2) they had the sickness and maternity social insurance record of not less than 3 months during the last 12 months or not less than 6 months during the last 24 months before the day of establishment of temporary incapacity for work, except in the cases provided in paragraphs 2 and 3 of this Article .
39. The insured persons under 26 years of age shall be entitled to a sickness allowance if by the beginning of temporary incapacity for work they have not acquired the record set in subparagraph 2 of paragraph 1 of this Article because during the specified periods they were full time students of higher educational establishments, vocational schools and schools of general education, registered according to the established procedure, and the interval after the completion of studies (according to the document testifying completion of studies), when they became insured persons, does not exceed 3 months.
40. The insured persons shall also be entitled to a sickness allowance if by the beginning of temporary incapacity for work they have not acquired the record set in subparagraph 2 of paragraph 1 of this Article because during the specified periods they were insured as persons listed in subparagraphs 1 or 2 of paragraph 2 of Article 4 of the Law on State Social Insurance and the interval after the change of their status does not exceed 3 months.
41. A sickness allowance shall be granted if the entitlement arose during the period of employment, including a probation period and the day of dismissal from work, with the exception of the persons specified in paragraph 3 of Article 4 of this Law.
42. The persons who receive income under copyright agreements (paragraph 3 of Article 4 of this Law) shall be entitled to a sickness allowance, provided that they have the sickness and maternity social insurance record defined in subparagraph 2 of paragraph 1 of this Article and the temporary incapacity for work has started within the period during which the said persons are considered insured.
43. A sickness allowance shall be granted on the basis of a incapacity for work 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
44. Duration of Payment of Sickness Allowance due to the Insured Person’s Sickness or Trauma
45. 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, a sickness allowance for the first 2 calendar days of incapacity for work shall be paid by the employer, with the exception of the persons referred to in paragraph 3 of Article 4 of this Law. The sickness allowance shall be paid with the resources of the State Social Insurance Fund from the third day of incapacity for work until the recovery of capacity for work or the day of establishment of a level of the capacity for work. In case the DCWEO establishes for persons the need for vocational rehabilitation services, the sickness allowance shall be paid until the first day of participation in the vocational rehabilitation programme. Following the dismissal from work, the sickness allowance shall be paid not longer than 5 calendar days of sickness.
46. For the insured persons in receipt of the state social insurance work incapacity (invalidity) pension the payment of the sickness allowance with the State Social Insurance Fund resources 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 allowance shall be paid for no longer than 90 calendar days over a calendar year.
47. For the insured persons undergoing on the voluntary basis specialised in-patient treatment for alcoholism, narcotic addiction or toxic substance addiction the payment of the sickness allowance 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 a calendar year.
48. The payment of a sickness allowance with the resources of the State Social Insurance Fund shall be commenced to be paid to the insured persons, who have become temporarily incapable for work because of taking of the tissues, cells or organs for transplantation with the purpose of donation, on the first day of incapacity for work and shall be paid until the day of recovery of capacity to work or the day of establishment of a level of the capacity for work.
49. The insured persons referred to in paragraph 3 of Article 4 of this Law, who have acquired the right to receive a sickness allowance, the sickness allowance shall be paid from the 3rd day of the temporary incapacity for work with the resources of the State Social Insurance Fund and shall be paid until the recovery or the day of establishment of a level of the capacity for work. Article
50. Duration of Payment of Sickness Allowance for Nursing a Family Member or for Caring for the Child
51. When an insured person is nursing a sick family member the payment of the allowance 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.
52. The payment of the allowance from the State Social Insurance Fund resources for the family member, guardian entitled to a sickness allowance according to the procedure established in Article 8 of this Law, who is nursing a sick child under 14 years of age or the mother (father), adoptive mother (adoptive father) who is taking care of the child for whose care a maternity leave or child care leave has been granted to another person who is unable to take care of the child due to his own sickness or trauma, shall start from the first day of nursing or taking care of the child and the said allowance shall be paid for no longer than 14 calendar days.
53. The payment of a sickness allowance from the State Social Insurance Fund resources to the family member or guardian entitled to a sickness allowance according to the procedure laid down in Article 8 of this Law, who is nursing a sick child under 7 years of age undergoing in-patient treatment, as well as the family member, guardian or curator who is nursing a child under 18 years of age undergoing in-patient, outpatient treatment or/and in medical rehabilitation and sanatorium treatment facilities, who is sick with serious diseases (the list of which shall be approved by the Minister of Health and the Minister of Social Security and Labour), shall start from the first day of nursing and shall be paid for the whole period of the necessary treatment, but for no longer than 120 days in a calendar year. Article
54. Duration of Sickness Allowance Payment in Case of Outbreaks or Epidemics of Infectious Diseases
55. 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, a sickness allowance shall be paid in accordance with the procedure 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.
56. 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 (invalidity) pension shall be paid in the cases provided for in subparagraph 3 of paragraph 2 of Article 5 of this Law the state social insurance sickness allowance from the State Social Insurance Fund resources according to the procedure set in paragraph 2 of Article 9 of this Law.
57. 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, a sickness allowance shall be calculated on the basis of the reimbursed remuneration 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.
58. 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, a sickness allowance 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
59. Duration of Sickness Allowance Payment to Persons Undergoing Treatment in Health Care Institutions Providing Orthopaedic and/or Prosthetic Services
60. The insured person undergoing treatment in a health care institution providing orthopaedic and/or prosthetic services shall be paid the allowance in accordance with procedure established in paragraph 1 of Article 9 for the entire duration of treatment as well as for the travel days to and from the health care institution.
61. The insured persons in receipt of the state social insurance work incapacity (invalidity) pension shall be paid the sickness allowance with the resources of the State Social Insurance Fund in the cases provided for in subparagraph 4 of paragraph 2 of Article 5 of this Law according to the procedure established in paragraph 2 of Article 9 of this Law. Article
62. Payment of Sickness Allowance during Leave
63. If the insured person becomes temporarily incapacitated for work due to sickness or trauma during the annual paid leave or if during the leave the insured person is undergoing medical treatment at the health care institution providing orthopaedic and/or prosthetic services, a sickness allowance shall be paid in accordance with the procedure established in Articles 9 and 12 of this Law.
64. 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, the payment of a sickness allowance shall commence in accordance with the procedure established in Articles 9 to 12 of this Law from the day the insured person was to start working. The allowance shall be paid according to the same procedure if the insured person is removed from work during sickness. Article
65. Amount of Sickness Allowance
66. The amount of a sickness allowance 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 the average salary of the allowance beneficiary, calculated in accordance with procedure established by the Government.
67. The amount of a sickness allowance paid with the State Social Insurance Fund resources shall make up 40 per cent of the reimbursed remuneration of the allowance beneficiary from the third day through the seventh day of the temporary incapacity for work, and 80 per cent of the said remuneration starting from the eighth day of the temporary incapacity for work.
68. The amount of a sickness allowance paid upon having become temporarily incapable for work because of taking of the tissues, cells or organs for transplantation with the purpose of donation, shall make up 100 per cent of the reimbursed remuneration of the allowance beneficiary.
69. The amount of a sickness allowance paid with the State Social Insurance Fund resources shall make up 85 per cent of the reimbursed remuneration of the allowance beneficiary for nursing a sick family member or looking after a sick child.
70. A sickness allowance paid with the State Social Insurance Fund resources may not be less per month than a quarter of the current year’s insured income valid during the month when incapacity for work occurred.
71. A sickness allowance shall be calculated and paid in accordance with procedure established by the Regulations of Sickness and Maternity Social Insurance Allowances approved by the Government. Article
72. Conditions under which Sickness Allowance shall not be Paid
73. A sickness allowance shall not be paid if the competent authorities establish that: 1) the insured person became temporarily incapacitated for work due to trauma received when committing a criminal act; 2) the insured person did damage to his health or pretended being sick; 3) the insured person became temporarily incapacitated for work due to insobriety (inebriety) or due to abuse of psychoactive substances.
74. 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 a sickness allowance or the payment of the allowance may be terminated from the day of commission of the violation following the Regulations of Sickness and Maternity Social Insurance Allowances approved by the Government. CHAPTER III MATERNITY, PATERNITY AND MATERNITY (PATERNITY) ALLOWANCES Article
75. Entitlement to Maternity Allowance over the Duration of Maternity Leave
76. Persons insured in accordance with the procedure established in paragraphs 1-3 of Article 4 of this Law who were granted a maternity leave shall be entitled to a maternity allowance during the maternity leave if by the first day of the maternity leave they have the sickness and maternity social insurance record of not less than 3 months during the last 12 months or not less than 6 months during the last 24 months, except the cases provided for in paragraphs 2 and 3 of this Article. From 1 July 2009 -- the sickness and maternity social insurance record of not less than 9 months during the last 24 months, and from 1 October 2009 - the sickness and maternity social insurance record of not less than 12 months during the last 24 months, except the cases provided for in paragraphs 2 and 3 of this Article.
77. The insured persons under 26 years of age shall be entitled to a maternity allowance during pregnancy and child-birth leave if by the beginning of the pregnancy and child-birth leave they have not acquired the record set in paragraph 1 of this Article because during the specified periods they were full time students of higher educational establishments, vocational schools and schools of general education registered according to the established procedure, and the interval after the completion of studies (according to the document testifying to completion of studies), when they became insured persons, does not exceed 3 months.
78. Entitled to a maternity allowance during pregnancy and child-birth leave shall also be the insured persons if by the first day of pregnancy and child-birth leave they have not acquired the record set in paragraph 1 of this Article because during the specified periods they were insured as persons listed in subparagraphs 1 or 2 of paragraph 2 of Article 4 of the Law on State Social Insurance and the interval after the change of their status does not exceed 3 months.
79. A woman dismissed from work during her pregnancy or during the pregnancy and child-birth leave due to the liquidation or bankruptcy of the enterprise, establishment, organisation as well as due to expiration of the duration of the fixed-term employment contract or due to the expiration of the term of appointment to office or the term of powers of the persons specified in the Law on Civil Service, the Law on Remuneration of State Politicians and State Officials, and the Law on Remuneration of Judges, provided she has sickness and maternity social insurance record specified in paragraph 1 of this Article, shall be paid a maternity allowance according to the procedure established in Article 17 of this Law.
80. A maternity allowance shall be granted for the duration of a maternity leave on the basis of the certificate confirming a maternity leave issued in accordance with rules for issuing incapacity for work and maternity leave certificates approved by the minister of health and the minister of social security and labour. Article
81. Duration of Maternity Allowance Payment during a Maternity Leave Period
82. A maternity allowance shall be paid to women for 126 calendar days after 30 or more weeks of pregnancy. In the case of complicated childbirth and if more than one child was born, the allowance shall be paid for extra 14 calendar days. Women who have not used the right to a maternity leave before the date of childbirth shall be paid a maternity allowance for 56 calendar days after the childbirth.
83. Women who have not used the right to a maternity leave before the date of childbirth (30 or more weeks of pregnancy), in case of complicated childbirth and if more than one child was born the maternity allowance shall be paid for 70 calendar days after the childbirth.
84. A maternity allowance shall be payable to women who gave birth in the 22nd-30th week of pregnancy for 28 calendar days after the childbirth. If the baby survives for 28 days or more, the allowance shall be payable for 126 calendar days after the childbirth. The women who gave birth to a stillborn baby in the 22nd-30th week of pregnancy shall be paid a maternity allowance for 28 calendar days after the childbirth.
85. A maternity allowance shall be payable for extra 14 calendar days to women who gave birth in the 22nd-30th week of pregnancy, in the case of complicated childbirth and if more than one child was born.
86. The insured person who adopted a newborn baby or is appointed as its guardian shall be paid a maternity allowance for the period from the date of adoption or the day of establishment of guardianship until the day the baby is 70 days old. Article
87. Amount of a Maternity Allowance Paid during a Maternity Leave Period
88. The amount of a maternity allowance during a maternity leave period shall make 100 per cent of the allowance beneficiary’s reimbursed remuneration. The amount of the allowance per month may not be lower than one-third of the current year’s insured income valid at the month of the beginning month of the maternity leave. If more than one child is born, the maternity allowance shall be increased taking into account the number of children born at the same time (twice if twins are born, three times in the case of triplets, etc.)
89. A maternity allowance shall be calculated and paid in accordance with procedures established by the Regulations of Sickness and Maternity Social Insurance Allowances approved by the Government. Article
90. Entitlement to Paternity Allowance
91. Entitled to a paternity allowance shall be the father who: 1) has been insured in accordance with paragraphs 1-3 of Article 4 of this Law; 2) has been granted in accordance with the procedure laid down by law a paternity leave until the child reaches the age of 1 month; 3) over the last 24 months before the first day of a paternity leave had not less than 7 months of the sickness and maternity social insurance record, with the exception of the cases provided for in paragraphs 2 and 3 of this Article. From 1 July 2009 -- the sickness and maternity social insurance record of not less than 9 months during the last 24 months, and from 1 October 2009 - the sickness and maternity social insurance record of not less than 12 months during the last 24 months, except the cases provided for in paragraphs 2 and 3 of this Article.
92. Entitled to a paternity allowance during paternity leave shall be insured persons under 26 years of age if by the beginning of paternity leave they have not acquired the record set in subparagraph 3 of paragraph 1 of this Article because during the specified periods they were full time students of higher educational establishments, vocational schools and schools of general education, registered according to the established procedure, and the interval after the completion of studies (according to the document testifying the completion of studies) when they became insured persons does not exceed 3 months.
93. Entitled to a paternity allowance during the paternity leave period shall also be the insured persons if by the beginning of a paternity leave period they have not acquired the said record because during the specified periods they were insured as the persons listed in subparagraph 1 or 2 of paragraph 2 of Article 4 of the Law on State Social Insurance and the interval after the change of their status does not exceed 3 months. Article
94. Duration of Paternity Allowance Payment A paternity allowance shall be paid for the period of a paternity leave from the day of the childbirth until the child is 1 month old. Article
95. The Amount of Paternity Allowance The amount of a paternity allowance shall make 100 per cent of the allowance beneficiary’s reimbursed remuneration. The allowance shall not be lower per month than one-third of the current year’s insured income valid for the month of the granting of a paternity leave. The allowance shall be calculated and paid in accordance with the procedure established by the Regulations of Sickness and Maternity Social Insurance Allowances approved by the Government. Article
96. Entitlement to Maternity (Paternity) Allowance
97. Entitled to a maternity (paternity) allowance shall be one of the parents (adopted parents) or a guardian who: 1) has been ensured according to paragraphs 1-3 of Article 4 of this Law, with the exception of the cases provided in paragraphs 6 and 7 of this Article; 2) has been granted a child care leave according to the procedure established by law, with the exception of the case provided for in paragraph 4 of Article 21 of this Law; 3) over the last 24 months before the first day of a child care leave has got not less than 7 months of the sickness and maternity social insurance record, with the exception of the cases provided for in paragraphs 2 and 3 of this Article. From 1 July 2009 -- the sickness and maternity social insurance record of not less than 9 months during the last 24 months, and from 1 October 2009 - the sickness and maternity social insurance record of not less than 12 months during the last 24 months, with the exception of the cases provided for in paragraphs 2 and 3 of this Article.
98. Entitled to a maternity (paternity) allowance shall be insured persons under 26 years (one of the parents (adoptive parents) or a guardian), if by the beginning of child care leave they have not acquired the record set in subparagraph 3 of paragraph 1 of this Article because during the specified periods they were full time students of higher educational establishments, vocational schools and schools of general education, registered according to the established procedure, and the interval after the completion of studies (according to the document testifying the completion of studies) when they became insured persons does not exceed 3 months.
99. Entitled to a maternity (paternity) allowance shall also be those insured persons who by the beginning of child care leave period have not acquired the insurance record set in subparagraph 3 of paragraph 1 of this Article because during the specified periods they were insured as persons listed in subparagraph 1 or 2 of paragraph 2 of Article 4 of this Law and the interval after the change of their status does not exceed 3 months.
100. When an insured person, who receives a maternity (paternity) allowance, becomes entitled to a maternity (paternity) allowance because of the birth of another child, he shall be paid both the allowances. Maternity (paternity) allowances shall be paid irrespective of the fact for taking care of which child a childcare leave has been granted.
101. The person who is not entitled to a maternity (paternity) allowance from the State Social Insurance Fund resources shall be paid the allowance according to the Law on Benefits to Children.
102. When one of the parents (adoptive parents) or guardians who is released from work on child caring leave according to the procedure established by law and receiving a maternity (paternity) allowance is dismissed from work due to the liquidation or bankruptcy of the enterprise, establishment, organisation as well as due to expiration of the duration of the fixed-term employment contract or due to expiration of the term of appointment to office or the term of powers of the persons specified in the Law on Civil Service, the Law on Remuneration of State Politicians and State Officials, and the Law on Remuneration of Judges, shall be paid a maternity (paternity) allowance according to the procedure established in Articles 20 and 21 of this Law.
103. When one of the parents (adoptive parents) or guardians, who has sickness and maternity social insurance record specified in paragraph 1 of this Article or satisfies the requirements of paragraphs 2 and 3 of this Article, has been dismissed from work due to the liquidation or bankruptcy of the enterprise, establishment, organisation as well as due to expiration of the duration of the fixed-term employment contract or due to expiration of the term of appointment to office or term of powers of the persons specified in the Law on Civil Service, the Law on Remuneration of State Politicians and State Officials, and the Law on Remuneration of Judges and for that reason has not been granted child care leave, shall be paid a maternity (paternity) allowance according to the procedure established in Articles 20 and 21 of this Law. Article
104. Duration of Maternity (Paternity) Allowance Payment
105. A maternity (paternity) allowance shall be paid from the period of a child care leave after the end of a maternity leave until the child reaches the age of 2 years.
106. If the mother was not in receipt of a maternity allowance for the duration of a maternity leave, a maternity (paternity) allowance 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 a pregnancy and childbirth allowance for the duration of a maternity leave dies, a maternity (paternity) allowance 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.
107. During the paternity leave the father, in receipt of a paternity allowance, shall not be paid maternity (paternity) allowance. Article
108. The Amount of a Maternity (Paternity) Allowance Version of paragraph 1 before 1 July 2010:
109. The amount of a maternity (paternity) allowance from the end of a maternity leave until the child turns 1 year old shall make up 100 per cent, and until the child turns 2 years old – 85 per cent of the allowance beneficiary’s reimbursed remuneration. Version of paragraph 1 after 1 July 2010:
110. The amount of a maternity (paternity) allowance from the end of a maternity leave until the child turns 1 year old shall make up 90 per cent, and until the child turns 2 years old – 75 per cent of the allowance beneficiary’s reimbursed remuneration.
111. The amount of a maternity (paternity) allowance per month shall not be less than one third of the current year’s insured income valid at the beginning month of a childcare leave.
112. When two or more children are born to the insured person and the person is on the childcare leave, the maternity (paternity) allowance shall be increased (paragraphs 1 and 2 of this Article) taking into account the number of children born simultaneously (twice, if twins are born, three times, if triplets are born, etc.).
113. If the insured person who has been or is on childcare leave possesses insurable income the amount whereof is less than a maternity (paternity) allowance (the sum total of these allowances), he shall be paid the difference of this allowance (the sum total of these allowances) and the insurable amount held by him the appropriate month according to the procedure established in the Regulations of Sickness and Maternity Social Insurance Allowances approved by the Government.
114. The maternity (paternity) allowance shall be calculated and paid according to the procedure established in the Regulations of Sickness and Maternity Social Insurance Allowances approved by the Government.
115. If the insured person who is on a childcare leave is employed in another place of employment and he is granted childcare leave in this place of employment, the maternity (paternity) allowance shall not be granted anew. CHAPTER IV VOCATIONAL REHABILITATION ALLOWANCE Article 21