The Saeima has adopted and the President promulgated the following laws: For maternity and sickness benefits chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) — claims the social risks associated with the insured person's loss or significant capacity reductions, if that person as a result of total or partial loss of earned income, as well as the case where a person incurs large costs in connection with the death of a family member, and in accordance with the provisions of this law, these cases are identified that creates a right to a State social insurance allowance;
2) social security contributions, payments for the law in the State special social insurance budget;
3) social insurance service, the period for which a person is committing or has committed on this person (or had to be) social insurance contributions. Social insurance service, independent of social security premiums includes periods for which the person has received a State social insurance benefit (hereinafter also – benefit) or the national pension;
4) insured person: a natural person who, in the case of joining the insurance day is working in legal or civil service relations and which has been (or should have been made) social insurance contributions or who are self-employed or such person's family member, if it is done or about to be made social security contributions in accordance with the procedure prescribed by law, or the natural person who is a national social insurance benefits or State pension recipients;
5) beneficiaries: a natural person who, in accordance with the provisions of this Act is assigned to the State social insurance benefit;
6) dependent family member of the insured person, the family, which it fully maintained or who received material assistance from it, which he was standing and the main source of livelihoods and in accordance with the law "on State pensions" would be entitled to a survivor's pension in the event of death of the insured person;
7) sick-pay-pay part of the cost by the employer to the employee in case of incapacity.
2. article. The task of the law this law is to regulate State social insurance benefits, and the cost of the procedure of calculation, to determine the persons who are entitled to these benefits, and where that right arises.
3. article. The State social insurance benefit (1) in accordance with this law are granted and paid in the following State social insurance benefits: 1) maternity benefit;
2) sickness benefits;
3) death grants.
(2) the granting of unemployment benefits and the granting of benefits for an accident at work or occupational diseases is regulated by special laws.
4. article. The right to maternity, sickness and funeral benefits (1) maternity, sickness and funeral benefits granted to natural persons (including foreign nationals and stateless persons, if international agreements approved by the Parliament, otherwise), which is the work of legal relations with the legal and natural persons in the territory of Latvia or civil service relations and which have been (or should have been made) social insurance contributions.
(2) self-employed persons (including aliens and stateless persons, if international agreements approved by the Saeima provides otherwise) receive maternity, sickness and funeral benefits if they make social insurance contributions according to the law "on social tax".
Chapter II maternity allowance article 5. Insurance cases, giving rise to an entitlement to maternity allowance and maternity allowance costs period (1) maternity benefits are granted and paid to the woman about the whole pregnancy leave and maternity leave.
(2) pregnancy leave and maternity leave of 56 calendar days totaled 56 and maternity benefits granted for 112 calendar days.
(3) a woman with regard to pregnancy medical care medical preventive institution started to 12 weeks of pregnancy and continue throughout the pregnancy, benefits granted on 14 days of additional leave, maternity leave is added, bringing the total allowance is granted for 70 calendar days.
(4) in pregnancy, or labour or post-natal period due to difficulties, as well as if born to two or more children, the woman is granted benefits for 14 days of additional leave, maternity leave is added, bringing the total allowance is granted for 70 calendar days.
(5) women who birth took place before the maternity leave and the determination of a child lived more than seven a day, maternity leave pay, in the first quarter.
6. article. Maternity benefits, the award of the child's father or another person (1) maternity benefit is granted in the child's father or another person who has actual care of the child in the home, for all parental time but not longer than until the child's life to date, in the following cases: 1) the child's mother died in childbirth or during the post-natal period of up to 42 days;
2) mother in the order provided for by law are waived for maternity and upbringing.
(2) if the mother can not set the time up to the child who is 42 days due to illness, injury or other health related reasons, father or other person who has actual care of the child home, granted maternity benefits for those days when mother is not even able children together.
7. article. The grant of maternity benefit in the case of an adoption where the family adopted a child (children) under the age of two months, one of the adoptive parents is granted maternity benefits for 56 calendar days, starting from the adoption of a child (children).
8. article. The grant of maternity women laid off from work due to institutions, companies or the liquidation of the organisation women laid off from work due to institutions, companies or organizations, the maternity benefit is granted in the General order, if the right to maternity leave of members not later than 210 days after the dismissal from work.
9. article. Maternity allowance allocation basis for the granting of maternity benefits is the cabinet order issued to the sick, the employer's confirmation of the employee's absence at work during the period of incapacity for work and the information about the pay, which have been (or should have been made) social insurance contributions.
10. article. The amount of maternity benefits maternity benefits granted 100 percent of the average earnings of beneficiaries.
Chapter III sickness benefit in article 11. Sickness benefits in the event of the grant of sickness benefits is granted if the person does not appear for work and thereby loses remuneration or if a self-employed person loses a job income and the wages or employment income loss occurred for the following reasons: 1) capacity loss due to illness or injury;
2) need to receive healing or preventative nature of medical assistance;
3) need insulation due to the quarantine;
4) or in the Spa sanatorium treatment recovery period after illness or injury, if in accordance with the opinion of such medical treatment required to restore functional capacity;
5) to 14 year old sick child care;
6) or ortozēšan fixed prosthetics.
12. article. Sickness benefits the Foundation for the award of the grant of sickness benefits is the cabinet order issued to the sick, the employer's confirmation of the employee's absence at work during the period of incapacity for work and the information about the pay, which have been (or should have been made) social insurance contributions.
13. article. The cost of sickness benefits period (1) sickness benefit is granted and paid for the period of incapacity days until 15 working recovery or disability determinations to date, but not more than 52 weeks of incapacity, if the first day of incapacity for work is continuous, or not more than 78 weeks of the three-year period if incapacity continues intermittently.
(2) to 14 year old sick child care sickness benefits are granted and paid for the period of incapacity for work for the first day of incapacity until 21 days. At the time of incapacity days 15 to 21 days, the payment of benefits if a child groomed hospital.
14. article. Special cases of sickness benefits if the disability occurred due to illness with tuberculosis, sickness benefit is granted and paid until recovery or working disability determination.
15. article. Sickness benefits, the award of a person's incapacity for work occurred in the month following the payment of social security contributions, end of period
(1) sickness benefits for the period of incapacity days 15 granted and paid to the person's incapacity for work occurred in the month following the payment of social security contributions, the end of the period if the person was insured in the last two months before the end of the period of contribution and the total length of service of insurance breaks within this period shall not exceed seven calendar days.
(2) the first part of this article shall not apply to cases where the incapacity for work occurred due to a sick child care.
16. article. Payment of sickness benefits people with disability occurred while they were on leave without salary retention If the incapacity for work occurred at the time when the person was on leave without salary, sickness benefit of saving the cost of launching with a sick day 15, but no earlier than the day the employee was to arrive at work after the holiday.
Article 17. The amount of sickness benefit sickness benefit is granted in the amount of 80 per cent of the average earnings of beneficiaries.
18. article. Cases in which sickness benefits may be granted sick leave shall not be granted if: 1) employee insurance case occurs while working in your workplace;
2) incapacity of the person causing the time when it committed a crime, or as a result of this crime, and it found the Court;
3) person even consciously and materially detrimental to their health and their care or established by the physician;
4 person) tried to get the benefit of false path and found a doctor or the national social insurance institution.
19. article. When the cost of sickness benefit ceases (1) a Person who at the time of incapacity without valid reason has not adhered to the doctor or the arrangements without justification does not come to a doctor or medical expertise Commission work, payment of the allowance for the subsequent period end, starting with the day of the offence.
(2) the decision on the costs of benefits, suspension or renewal adopted national social security authority, after a doctor's recommendation.
Chapter IV death allowance article 20. Insurance cases, giving rise to an entitlement to a death grant (1) death benefit award: 1) in the event of death of the insured person;
2) dependants of the insured person had a family member in the event of death.
(2) in the case of the death of the pensioner's death benefit granted and paid in accordance with the law "on State pensions".
21. article. Persons who are entitled to a death benefit death benefit granted and paid to the insured person: 1) its former dependent family member death;
2) insured person in the event of the death of the insured person's family member or the person who actually entered into the funeral.
22. article. Death benefit the death benefit Award Foundation Award Foundation is requesting the application of the allowance and the vital statistics office issued a specific sample statement of the fact of death registration.
23. article. Death benefit (1) the insured person's death benefit granted and paid the total amount corresponding to the amount of the deceased's average monthly earnings but not less than three times the Government's minimum monthly salary (salary) that was in effect on the day of death of the insured person.
(2) the insured person's dependent former family member death benefits are granted and paid a total amount corresponding to the triple Government set minimum monthly wages (salary) that was in effect on the day of the death of a family member.
Request a benefit of chapter v, and article 24 of the cost. Benefits and costs benefits the organisation, calculation and payment of the national social security institution of the Cabinet of Ministers.
25. article. Deadlines for requesting benefits benefits requires the insured person or, in the cases provided for in law — another person after the insurance case occurs, but not later than six months after the date on which the person recovered uptime.
The calculated amount of the allowance that the beneficiary is not received in time, the cost of the passage of time, but not more than a year from the benefit not received date of request.
26. article. The procedures for applying for benefits (1) benefit the applicant in person or by an authorised intermediary shall submit to the State social insurance body of his habitual residence or, failing that, by the employer's registered office documents in accordance with the provisions of this law are recognised as the basis for the granting of the allowance in question.
(2) the amount of the benefit depends on the insured person's average earnings, the claimant shall submit to the employer a statement of earnings.
27. article. Grant award time limits for benefits granted within 10 days after the national social security authority for the granting of benefits, the necessary documents.
28. article. The State social insurance benefits for persons who are entitled to the State pension to persons who are entitled to both at the same time State social insurance benefits (except for the lump-sum benefits) and to the national pension, benefits reduced by the amount corresponding to the amount of the pension to be paid.
29. article. When State social insurance benefits are not granted or stop it cost (1) State social insurance benefits are not granted or stop payment of benefits already granted to persons that reside in the full state maintenance.
(2) State social insurance benefits are not granted or stop payment of benefits previously granted for the time when the person is in detention or imprisonment.
30. article. Due to the death of beneficiaries do not receive the benefits of the (1) amount of benefits allocated to or owed, but not paid, benefits in case of death of the beneficiary paid the beneficiary's parents, spouse or children, but, in their absence, other members of the family to the beneficiaries at the time of death, lived with him.
(2) If arrears of benefits requires multiple parties, allowance shall be paid in equal shares to all its applicants, under the first paragraph of this article are entitled to it.
(3) a Person who in connection with the death of beneficiaries are entitled to receive the allowance, not requested during the year after the death of beneficiaries. Outstanding benefits in 10 days after the request.
Chapter VI annual earnings of State social insurance benefits for the calculation of article 31. Earnings in the State social insurance benefit calculation and determination of maximum earnings for persons who are working in the insurance period in legal or civil relations (1) persons who are in employment or civil service relations, State social insurance benefits (sickness allowance) for the calculation of earnings including all types of pay, which is made in accordance with the law (or had to be) social insurance contributions.
(2) in all cases where the employees under this Act to be average earnings, it calculated from earnings for the last two calendar months.
(3) if the employee has worked for less than two months, the average earnings calculation for the last calendar month.
(4) State social insurance benefits are taken into account for the calculation of the total earnings in the period, but the benefit is calculated from the average earnings of not more than 8 x the Government set minimum wages (salary), which was in force when the insurance case occurs in the day.
(5) average monthly and daily wages and the cost of the order of calculation is determined by the Cabinet of Ministers.
32. article. The calculation of earnings, and the determination of the maximum annual earnings for self-employed persons (1) self-employed persons the State social insurance benefit from the earned income or other amounts for which the person is committing or about this person has made social security contributions in accordance with the procedure prescribed by law.
(2) the calculation of the monthly average earnings of the 12 previous months of labour income or other amounts for which are made social insurance contributions, but the benefit is calculated from the average earnings of not more than 8 x the Government set minimum wages (salary), which was in force when the insurance case occurs in the day.
Chapter VII supplementary provisions article 33. Features of State social insurance benefits for the payment of State social insurance benefits are paid from the State social insurance special budget.
34. article. Deduction from State social insurance benefits (1) drive to the State social insurance benefits can work only in the cases stipulated by law.
(2) on the basis of the city or District Social Insurance Office at the head of the order is withheld the amounts of benefits in excess of the benefits the recipient of his fault, if he filed documents with intentionally false information, provided false or incomplete information or do not have announced changes that affect entitlement to benefits, and the cost of it.
35. article. Taxation of benefits
(1) State social insurance benefits shall be taxed in accordance with the procedure prescribed by law.
(2) death benefit shall not be subject to tax.
36. article. Employers ' obligations (1) the obligation of the employer's employees who work in the intervening period by cabinet order issued for work certified page of temporary incapacity for work (except for work related to pregnancy and childbirth and sick child care), the cost of the disease from its own funds money 75 percent of average earnings for the second and third temporary unfitness for work day and 80 percent — from the fourth day of incapacity for work but not more than 14 calendar days.
(2) employers shall be obliged, at the request of the person or at the national social security authority, to issue a statement of the employee's salary on which social security contributions were made, confirmation of the absence of the employee at work or with other conditions of the contract of employment related information necessary to decide the question of the employee's right to a State social insurance allowance and determine its extent.
37. article. Cases in which the disease is not granted or the money they cut costs (1) the employer shall not assign the disease if the employee committed the offences referred to in article 18 of this law.
(2) the employer money stop the disease if the employee committed the offences referred to in article 19 of this law in the first part.
38. article. National social security authorities against national social security authority, the person concerned may appeal a month Welfare Ministry, but its decision: the Court.
Transitional provisions in the regulations on the rights of the person referred to in this Act, the State social insurance benefits, for which social insurance contributions have not done, but had to be made on the entry into force by 1 January 2000.
The law will enter into force by 1 April 1996.
The law adopted in 1995 the Saeima on 6 November.
The President g. Ulmanis in Riga, 1995 November 23.
