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Closed schools and pre-school facilities

Closed schools and pre-school facilities

The need of an Employee to take care of their children

Dated: 16.11.2020

Employee: The employee is entitled to receive a nursing benefit, the same as in case of custody of a sick child, however, only in case of custody of children under 11 years old. For this special situation connected to the coronavirus, the Social Insurance introduced a new type of application form for nursing benefit. For the purpose of obtaining the claim, the application can be filed without the attestation of the child`s attending physician, and the claim can be made directly at the relevant branch of the Social Insurance Agency by telephone or can be sent by email. Detailed information and the application form are available directly on the Social Insurance website. At the end of the month the parent must send an Affidavit which is also available on the Social Insurance website where he / she has to declare in which days he was taking care of the child. 

The recent amendments of the Social Insurance Act provide nursing payment to the parents for the entire duration of the school closures. However, this payment is provided only to one parent and only for days in which he / she does not receive payment from the employer. Only one person may claim the nursing benefit and absence from work in relation to one child. It is not possible to receive salary and nursing payment simultaneously.

Employer: Pursuant to section 141 (1) of the Labour Code, the employer shall excuse an employee's absence from work during the time of his / her temporarily incapacity for work due to care of a sick family member or care of a child below ten years of age who for serious reasons cannot be placed into a childcare facility or school.

Pursuant to section 223 (2) of the Labour Code, the employer shall excuse an absence from work also to a person who performs work based on an agreement on work performed outside an employment relationship, among other reasons, for the care of a sick family member and care for a child under 11 years of age. However, these persons have no claim for reimbursement of their remuneration. 

Pursuant to the new regulation of section 250b (5), during the nursing period the employee is protected against a dismissal. After the employee returns to work, the employer is obliged to assign him / her to the original work and workplace.

Author:

Mgr. Pavel Legát, advokát