Will the law be changed? With stories from parents who did not approve the maternity allowance, we ended up as a bag. That's why we decided to look at the whole thing and asked the Social Security experts to tell us, but it was all about the situation.
In recent weeks, we have communicated with dozens of parents who had the same situation:
The father asked for a maternity benefit, adjusted his job or changed employer, but his mother's recognition was not.
The reason? In most cases – do not take the child to personal care.
The law allows 3 legal options when parents can work during maternity leave, but although these parents appear to have fulfilled their claims, their requests have been rejected. Some people even agreed that they were first approved by their parents until their original letter was returned in the opposite version (but only approved for a period in which they did not have a new job), which brought shadows to the Social Insurance Company and its subsidiaries in Slovakia.
How much do they really consider when each parent solves it individually? Is this interpretation of the law correct? Does not need adjustment? Why did he and his mother receive, but rejected the other?
We were asked competent in the Social Insurance Company
At the meeting with Petrom Višváder, Social Security Insurer, Director of Sickness Insurance, Accident Insurance, Unemployment Insurance and Guarantee Insurance in SP Danica Bognárová and Head of Sickness Insurance in Monika Siváková, we also sought answers to these questions.
What is a dose and who can be provided?
Social Security professionals want parents to provide advice as much as possible and explain why some of them have been denied maternity benefits. Firstly, according to Danice Bognar, it is necessary to be aware of what the dose is and for what purpose it is.
"The law says it is safe for income when I lose it because of an event – such as pregnancy, temporary incapacity for work, child care. The benefit is to replace my income and follow the purpose of the law – to ensure the person who actually came to receive it, "he explains.
Child care for the mother in kindergarten or elsewhere is not possible?
According to the director of the Department of Health Insurance and Head of the Department of Health Insurance, it is important to distinguish what is paid maternally. Paragraphs 48 and 49 do not mention care, which can only be found in paragraph 51.
Therefore, attention should be paid to the child by the parents who have taken it (eg from the mother) in full. "You have to think logically in every sense of the dose. A baby is born, I must take care of it, will I get 8.5 hours of work?
The child is in the first sense of the law and must be cared for by the person seeking such care. So, on the contrary, your father has a caregiver agreement, so he has to do what his mother did after giving birth. " explain.
Not father as father – who and when do you recognize?
After communicating with many parents that the mothers did not approve, we discovered that they happened, even though they had changed their working life or shortened their working hours. However, according to the Social Security Agency, this was not enough. Because?
According to the words of the Social Insurance Company, parents reach as much as possible. But it also happens that parents change their job – the type and the working time only minimally.
"The applicants often do not realize that the SP can easily verify the information they declare in the application and then approve it in their system. The reason is that they have not modified their work regime so that they could be realistic, not just formal, to take the child to personal care.
The purpose of the benefit, as the law says, is to compensate for the loss of income for the father who took the child to care, and for that reason he can not work full-time as he is, "explains Peter Višváder, Social.
So if SP sees a job in the system, it automatically checks if the employer decides whether to approve the maternity benefits or not. Frequently, therefore, the terms of parental approval or non-approval are lengthy.
Let's approach real examples of when to approve and when not to approve maternity benefits:
– the child will apply for maternity by changing the type of employment by a new contract, but the salary will remain the same, 1000 euros, your father calculates it at 750 euros (the resulting sum of 1750 euros), but he disapprove. He is at work for 8 hours and takes care of the baby after the arrival of his house.
– Ateco asks for maternity, changing jobs, especially working time for 5 hours, for example. the salary shall be reduced from EUR 1000 to EUR 700, the parent company shall calculate this amount at EUR 750 (the final amount of EUR 1450) and his / her maternal salary. To approve.
The social insurance company wants to make sure that it is also possible for parents who really want to take care of their children. If the parent has 7-8 working hours (SP sees in the insurance system), The social insurance company investigates directly with the employer while the employee works. If she needs to be in the workplace, have a home office or other contract with the employer that allows her to take care of the child at home. If so, the SP will approve maternity benefits.
Can Mommy work? Are the conditions for the same assessment?
According to SP experts, the assessment is the same. However, they say that in the case of mothers, they are paid in the maternity ward – the trade, the agreement etc., for example, of the employment from which they were calculated, have no additional income, nor do they have another working time for 8 hours. time.
Methodological guidelines for branches?
There is no SP. Some of our parents informed us that social insurance companies have a methodological instruction from headquarters to prevent parents from adopting maternity leave. We therefore request a direct meeting at a joint meeting on the existence of such a directive.
"In order to ensure a consistent interpretation of the law, the Director, for her section, has meetings with the relevant Branch Leaders, where they explain and deal with individual cases. Give, do not pay them.
Employees ask for specific cases, so we send the solution to all the leaders if they find something similar. Every case is in something else, specific, query, "Peter Višváder, a spokesman, told us.
What specific cases does SP take for abuse?
According to SP, some parents began to abuse their mother. We met with several requests from specific parents, let's give some examples:
– For example, a father who went to the prison institute was asked to pay bail (he applied for a maternity leave in September to place him in custody in July).
– for example, a father applied for a job, who found work in Prague, but the child remained at home with his mother in Michalovce
– The troops were also informed about the benefits, which were for an overseas mission
– Parents who raised s.r.o and employed in their own company, continued to work
It is therefore clear that in such cases the parents could not in any case take care of their children and the benefits were denied them.
What is the case of simultaneous parenting? Can my father work full time when his mother is home?
As of January 2019, parents can stay at home, but each with one child. But what if a father wants to work, even when he is in the mother, while the mother is at home and is taking the mother to another child? Again, this is all the same.
According to SP, there is a difference if you want to work out and want to work. "One child is to take care of the mother, the second father, so that the father takes maternally and declares his mother. Fills, feeds, learns to walk, speaks, that is the purpose of this law, and also stems from the EU directive on childcare ", she says.
They want her to ensure that her mother also has the same opportunity for achievement, education, and career advancement as a man, if she is interested.
The law has gaps, is it about adjustments?
Even from the story of the parents who came to us, we can see that they were trying to meet the requirements that would allow them to receive a maternity benefit.
Yes, it is, however, the view of the Social Insurance Company is different from the interpretation of the law.
We think they are not right, SP is seeing childhood deficiencies in parental care, so they discard the dose. Clarifying the whole situation would help with an amendment to the law that would clearly state – under what conditions and when the parent can receive a benefit.
"To clean the environment, it would be good if the rules were established. The social insurance company is under the pretext of criticism that rejects the father of the father.
We have, therefore, several proposals prepared, we are negotiating with the Ministry to clarify the law and defining more precisely the conditions for the recognition of the father of the mother.
Currently, only two percent of the mothers' fathers were rejected. This is clearly what the provisional statistics say about 2018, "says Všívár, adding that he, like his colleagues, communicates with unhappy parents.
However, according to their words, after the phone explanation of the situation, everyone will recognize and understand what the conditions to take the dose that need to be met.
"We are not interested in not giving them the money, but the difference is if the father has a part-time job or just a supplement, not a full-time salary. Every family wants to improve, it's quite normal," he concluded. the words that the Social Security Agency, as well as the Ministry, are planning a press conference and other meetings on the subject.
This is, therefore, a view of the Social Insurance Company on the growing complaints of parents who have been rejected by the mother. However, the current situation demands a more comprehensive solution, as the parents of children have a huge disadvantage vis-à-vis the authorities – they do not have the time.
After three years of childbearing, the right to maternity benefits cease, and as parents present resources and try to defend the benefits, time passes.
His view of the thing and the actual stories and problems being borne by the parents who asked for the plot can be found here: