It can be noted that the only condition that the Law on Financial Support to the Family with Children sets for the exercise of rights is the fact that the parent is employed at the time of the child’s birth. Call us to schedule a free consultation. There is no requirement for the minimum length of the previous insurance period. However, it is certainly necessary to have a previous insurance period, because otherwise it would not be possible to determine the basis for the calculation of the fee, bearing in mind that this law does not provide for the possibility that for months for which the contributions for compulsory social insurance have not been paid, in other way.
It is a novelty that the right to compensation for salaries or wages on this basis also has an employee who based his employment upon the birth of a child, that is, who was not employed at the time of the child’s birth. The requirement that this employee obtains the right to compensation is that in the last 18 months preceding the commencement of leave after the establishment of employment, he has earned income that has the character of earnings, to which the contributions for compulsory social insurance have been paid. This requirement arises from the provision of the Law, which prescribes the method of determining the basis for the compensation of salaries for those persons – the sum of the monthly basis on which contributions to salaries have been paid, which have the character of earnings, for the last 18 months preceding the month of starting the leave after the establishment of the employment relationship. It follows from the above provision that a person who has created a labor relationship after the birth of a child can not realize the right to a salary compensation if in the given period she/ he did not earn income that has the character of earnings, because the sum of the monthly bases would be zero, and therefore the basis for compensation earnings.
The law stipulates that the compensation of the salary, that is, the salary during maternity leave and absence for the special care of the child, for children of different order of birth, can be used simultaneously by both parents. This provision should be understood so that the right to salary compensation, that is, salaries, has a mother during maternity leave, and the right to salary compensation, or salary during absence due to special care of another, elderly child, has a father. It is assumed that the father meets other prescribed conditions for exercising the right to salary compensation, or salary.
The right to compensation of salary, that is, salary during absence for the care of the child, or special care of the child, for children of a different order of birth, also have the right to use at the same time both parents. In this situation, parents are discussing who of them will benefit from the right to a salary remuneration during child care, and which right to compensation is earned during the special care of a child.