Act Of 25 June 1999 On The Benefits Cash Social Insurance Sickness And Maternity Benefits

Original Language Title: USTAWA z dnia 25 czerwca 1999 r. o świadczeniach pieniężnych z ubezpieczenia społecznego w razie choroby i macierzyństwa

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Chapter 1 General provisions Article. 1. [range] 1. Cash benefits under the conditions and in the amount specified by law are entitled to persons covered by social insurance sickness and maternity benefits specified in the Act of 13 October 1998 on the social insurance system (Journal of laws of 2013.1442, as amended), hereinafter referred to as the "insured".

2. Cash benefits in respect of the consequences of accidents at work and occupational diseases specifies a separate Act.

Article. 2. the [benefits] cash benefits from social insurance sickness and maternity benefits, hereinafter referred to as "medical insurance", include: 1) sickness benefit;

2) the provision of rehabilitation;

3 expansion allowance);

4) (repealed);

5) maternity benefit;

6) care allowance.

Article. 3. [Definitions] used in this Act shall mean: 1) title insurance – employment or other activities, which raises health insurance obligation or entitlement to subscribe for the insurance on a voluntary basis within the meaning of the provisions of the Act on the social insurance system;

2) the payer contributions – the payer's contributions to the sickness insurance within the meaning of the provisions of the Act on the social insurance system;

3) remuneration – income of the employee for the contribution to sickness insurance, after deduction of the withholding by the employer contributions to the pension insurance, pension and sickness insurance;

4) revenue-the total amount of the reservation as the basis for the contribution to the sickness insurance of the insured person who is not an employee, after deduction of an amount corresponding to 13.71% of the calculation basis for sickness insurance contributions;

5) accident on the way to work or from work – an event that occurred on the way to or from the place of employment or other activity constituting a title insurance considered case on the principles set out in the legislation on pensions and pensions with FUS.



Chapter 2 sickness Article. 4. [the acquisition of rights] 1. The insured person acquires the right to the sickness allowance: 1) after 30 days of continuous sickness insurance-if subject to mandatory ago insurance;

2) after 90 days of continuous sickness insurance if the insured on a voluntary basis.

2. for periods of sickness insurance, referred to in paragraph 1. 1, does the previous periods of sickness insurance, if the break between them does not exceed 30 days or was due to leave parental leave, leave free or serving active military by the part-time soldier.

3. From the first day of sickness insurance the right to sickness allowance shall be entitled to: 1) graduates of schools or universities, who have been covered by medical insurance or joined the sickness insurance within 90 days from the date of graduation or diploma of graduate;

2) if incapacity for work was caused by accident on their way to work or from work;

3) insured compulsorily, who have earlier at least a 10-year period of compulsory sickness insurance;

4) members and senators, who joined the sickness insurance within 90 days of the completion of the term of Office.

Article. 5. (repealed).

Article. 6. [persons] 1. The insured person is entitled to sickness allowance, which became unable to work due to illness for the duration of the sickness insurance.

2. On an equal footing with the inability to work due to illness is treated the inability to perform the work: 1) as a result of the decision taken by the competent authority or authorized body on the basis of the provisions for the prevention and combating of infections and communicable diseases in humans;

2) due to being in a) desktop alcohol treatment facility for treatment of alcohol addiction, b) hospital or other establishment of the entity performing the healing activity of the medicinal kind of stationary and a 24-hour health services to treat dependence of narcotic drugs or psychotropic substances;

3) due to undergo necessary medical examinations for candidates for donors of cells, tissues and organs.

Article. 7. [the right to unemployment benefit after termination of insurance benefits] are also entitled to a sickness allowance to a person who has become unable to work after termination of sickness insurance, if the incapacity lasted without a break of at least 30 days and: 1) not later than within 14 days of the termination of sickness insurance;

2) not later than within 3 months from the termination of sickness insurance-in the event of a contagious disease, the incubation period is longer than 14 days, or another disease whose symptoms show up after more than 14 days from the beginning of the disease.

Article. 8. [a period of eligibility] are entitled to sickness allowance for the duration of the incapacity for work due to sickness or inability to work with the grounds referred to in article 1. 6 paragraph 1. 2 – no more, however, than by the 182 days, and if the incapacity for work was caused by tuberculosis or occurs during pregnancy-not more than 270 days.

Article. 9. [Passing to the zasiłkowego previous periods of incapacity for work] 1. For the period referred to in article 2. 8, hereinafter referred to as the "zasiłkowym period", includes all periods of uninterrupted incapacity for work, as well as periods of inability to work with the grounds referred to in article 1. 6 paragraph 1. 2.2. To the period of zasiłkowego be included in previous periods of incapacity for work caused by the same disease, if the interval between the end of the previous and the re-emergence of incapacity does not exceed 60 days.

3. for the period zasiłkowego does not count against the period of incapacity for work in the periods referred to in article 1. 4 paragraph 1. 1. Article. 10. (repealed).

Article. 11. [the amount of the monthly allowance] 1. Monthly sickness benefit, subject to the provisions of paragraph 2. 1A and 2, is 80% of the calculation basis.

1a. The monthly sickness benefit, subject to paragraph 2. 1B and 2, for the period of stay in the hospital is 70% of the calculation basis.

1B. The monthly sickness allowance for the period of stay in the hospital from 15 to 33 day of incapacity for work in a calendar year in the case of an employee who has completed 50 years of age, is 80% of the calculation basis.

2. Monthly sickness benefit is 100% of the calculation basis of the allowance, if the incapacity or impossibility of performance of work referred to in article 1. 6 paragraph 1. 2:1) falls during pregnancy;

2) was due to undergo necessary medical examinations for candidates for donors of cells, tissues and organs, and a collection of treatment, tissues and organs;

3) was established as a result of an accident on the way to work or from work.

3. (repealed).

4. Sickness Allowance every day of incapacity for work, including holidays.

5. Whenever in determining the right to the sickness allowance or the amount of the period is marked in months, for the month is considered 30 days.

Article. 12. [the periods for which they are not entitled to sickness allowance] 1. Are not entitled to sickness allowance for periods of incapacity for work, in which the insured person on the basis of the provisions of the gender pay gap retains the right to remuneration. These periods are included in the zasiłkowego period.

2. Sickness benefit is also not for periods of incapacity for work per: 1) leave without pay;

2) parental leave;

3) provisional detention or serving a sentence of imprisonment, except in cases where the right to the allowance arises from the sickness insurance of people performing work based fee referrals for work at the time of imprisonment or detention.

3. Periods of incapacity for work, referred to in paragraph 1. 2, where the allowance is not entitled, not included to the zasiłkowego.

Article. 13. [the periods for which they are not entitled to sickness allowance] 1. Sickness incapacity resulting in the duration of sickness insurance, and disability to work after termination of insurance are not entitled for the period after termination of sickness insurance, if the person unable to work: 1) [1] has established the right to a pension or a pension for incapacity for work;

2) continues a gainful activity or has taken a gainful activity as the title to cover sickness insurance compulsorily or voluntarily or for entitlement to benefits for the period of incapacity for work due to illness;

3) acquired the rights to unemployment benefit at the time of insurance, in the cases referred to in article 1. 4 paragraph 1. 1;

4) is entitled to the unemployment allowance, pre-retirement allowance, pre-retirement or teacher's compensation benefits;

5 compulsory social insurance) is subject to the farmers referred to in the legislation on social insurance of farmers.

2. Sickness benefit is not entitled for the period of incapacity for work after termination of sickness insurance, if insurance is stopped after the exhaustion of rights to sickness benefits.


Article. 14. [allowance for employee suspected of carrying the germs of infectious diseases] an insured person who is an employee, odsuniętemu from the work as specified in art. 6 paragraph 1. 2, paragraph 1, because of the suspicion of carrying the germs of infectious disease, the sick are not entitled, if not taken the proposed to him by the employer other work niezabronionej such persons, corresponding to his professional qualifications or you can perform after training.

Article. 15. [the inability to work due to a deliberate crime] 1. Sickness allowance is not entitled to the insured person for the entire period of incapacity for work if the incapacity of this was as a result of an intentional offence committed by the insured person.

2. The circumstances referred to in paragraph 1. 1, on the basis of a final decision of a court.

Article. 16. [the inability to work due to abuse of alcohol] an insured person whose incapacity caused it was abuse of alcohol, are not entitled to sickness allowance for the first 5 days of this incapacity.

Article. 17. [loss of the right to unemployment benefit] 1. [2] the insured person performs in a period of pronounced inability to work employment or using the exemption from work in a manner inconsistent with the purpose of the exemption ceases to be entitled to sickness benefits for the entire period of this exemption.

2. is not entitled to sickness allowance if the medical certificate was falsified.

3. The circumstances referred to in paragraph 1. 1 and 2, shall be determined as specified in article 1. 68. Chapter 3 the provision of rehabilitation Article. 18. [persons] 1. The provision of rehabilitation shall be entitled to the insured person, who, after running out of sickness allowance is still unable to work, and further treatment or medical rehabilitation is expected, the recovery of working capacity.

2. the provision of rehabilitation are entitled for the period necessary to restore working capacity, not more than 12 months.

3. the circumstances referred to in paragraph 1. 1 and 2, rule the doctor predicate social insurance.

4. The decision of the examiner to the insured shall be entitled to the opposition to the Medical Commission social insurance within the time limit and under the conditions laid down in the legislation on pensions and pensions from the social insurance fund.

5. the President of the social insurance institution may submit a plea a deficiency in the judgment of the examiner within the time limit and under the conditions laid down in the legislation on pensions and pensions from the social insurance fund.

6. The judgment of the examiner, which was not an objection or a complaint was not defective, or the judgment of the Medical Commission social insurance is the basis for the decision on the provision of rehabilitation.

7. the provision of rehabilitation is not entitled to the person entitled to a pension or a pension for incapacity for work, unemployment allowance, pre-retirement allowance, pre-retirement, teacher compensation benefits and to leave to recuperate, granted on the basis of separate provisions.

Article. 19. [the rehabilitation allowance] 1. Rehabilitation benefit is 90% of the calculation basis for sickness benefits for the first three months, 75% of the base for the remaining period, and if the incapacity for work is during pregnancy – 100% of the base.

2. For the purposes of calculating the basis of assessment of rehabilitation benefits sickness benefits adopted for calculating that benefit shall be subject to adjustment according to the following rules: 1) if the first day of the period for which the benefit has been granted, falls and calendar quarter of that year, basis sickness adopted for calculating that benefit shall be increased by a percentage increase in the average monthly salary for pension purposes issued in the third quarter compared to the first quarter of the last calendar year;

2) if the first day of the period for which the benefit has been granted, is in the second calendar quarter of that year, the base dimension of the sickness allowance adopted for calculating that benefit shall be increased by a percentage increase in the average monthly salary for pension purposes issued in the fourth quarter compared to Q2 last calendar year;

3) if the first day of the period for which the benefit has been granted, is in the third calendar quarter of that year, the base dimension of the sickness allowance adopted for calculating that benefit shall be increased by a percentage increase in the average monthly salary for pension purposes issued in the first quarter of this calendar year compared to the third quarter of last calendar year;

4) if the first day of the period for which the benefit has been granted, is in the fourth calendar quarter of that year, the base dimension of the sickness allowance adopted for calculating that benefit shall be increased by a percentage increase in the average monthly salary for pension purposes issued in the second quarter of this calendar year compared to the fourth quarter of last year.

3. the President of the social insurance Department publish in the official journal of the Republic of Poland "Monitor Polish", by the last day of each calendar quarter, the rate adjustment, calculated according to the rules referred to in paragraph 1. 2, in force in the next quarter.

Article. 20. [the application of the provisions of the labour code] Recipe article. 53 section 5 of the Labour Code shall apply mutatis mutandis to an employee undergoing rehabilitation benefit, if the reports on your return to the employer immediately after running out of this benefit, even if it comes after the expiry of 6 months from the termination of employment.

Article. 21. [the concept of rehabilitation benefits] Whenever the legislation on social insurance, health insurance, pensions, and pensions, as well as in the rules, which make the permissions on the income of the family, sickness allowance is concerned, it should be understood as the provision of rehabilitation.

Article. 22. [the application of the provisions of the Act] to provide rehabilitation shall apply mutatis mutandis the provisions of article 4. 11 (1). 4 and 5, art. 12. 13 paragraph 1. 1, art. 15 and 17.



Chapter 4 of the compensatory Allowance Article. 23. [persons entitled, termination rights] 1. The compensatory allowance shall be entitled to the insured person who is an employee with reduced efficiency to work, carrying out the work: 1) in or międzyzakładowym at the vocational rehabilitation, 2) with the employer on the extracted work, tailored to the needs of adaptation or apprenticeship to a specific work, if his monthly wage achieved when rehabilitation is lower than the average monthly wage fixed, pursuant to art. 36 – 42.

2. The need to carry out vocational rehabilitation shall rule the provincial work or medical doctor predicate social insurance.

3. Compensatory Allowance shall be entitled, for a period of vocational rehabilitation under the conditions referred to in paragraph 1. 1, subject to paragraph 2. 4.4. The right to a compensatory allowance shall cease: 1) from the date of completion of vocational rehabilitation and move to another job, but not later than 24 months from the date on which an insured person who is an employee has taken rehabilitation;

2) if due to the State of health of the insured person who is an employee of professional rehabilitation has become niecelowa.

5. The circumstances referred to in paragraph 1. 4, paragraph 2, rules the doctor predicate social insurance.

6. To social insurance examiner decisions referred to in paragraph 1. 2 and 5, have the correct application of the provisions of article 4. 18 paragraph 1. 4 and 5.

Article. 24. [compensatory allowance] 1. The compensatory allowance is the difference between the average monthly remuneration fixed, pursuant to art. 36 – 42 and monthly salary reached for work in conditions of vocational rehabilitation.

2. If the insured person who is an employee has worked only part of the month due to the absence of justified reasons, the compensatory allowance for that month shall be entitled to the difference between the average monthly remuneration fixed, pursuant to art. 36 – 42, reduced about one thirtieth of the part for each day of the absence, and in this month.

Article. 25. [the insured is not entitled to the household allowance] compensatory Allowance is not entitled to an insured person who is an employee, entitled to pensions for incapacity for work or the teacher's compensation benefits.

Article. 26. (repealed).



Chapter 5 (repealed) Article. 27. (repealed).



Article. 28. (repealed).



Chapter 6 maternity Article. 29. [allowance] 1. The insured shall be entitled to maternity allowance, which during the period of insurance or in the period of parental leave: 1) gave birth to a child;

2) adopted on the upbringing of the child up to 7 years of age, and in the case of a child, to which it has been decided to postpone compulsory school attendance-to 10 years of age, and asked the Court of guardianship on its adoption;

3) adopted on education within the framework of the foster family, with the exception of foster family professional, child up to 7 years of age, and in the case of a child, to which it has been decided to postpone compulsory school attendance-to 10 years of age.


2. the provisions of paragraphs 1 and 2. 1 paragraphs 2 and 3 shall apply mutatis mutandis to the insured.

3. In case of cancellation by the insured-the mother of a child with a maternity allowance, after using it this allowance for a period of at least 14 weeks after the birth, the maternity allowance are entitled to insured person-the father of the child who has been granted the right to maternity leave or interrupted gainful activity to the exercise of personal care.

4. the provision of paragraph 1. 3 shall apply mutatis mutandis to the insured persons referred to in paragraph 1. 1 point 2 and 3 and paragraphs 1 and 2. 2.5. In case of cancellation by the insured – the mother of the child, with a decision on incapacity for independent existence, with maternity allowance, after using it that the allowance for a period of at least 8 weeks after the birth, the insured person shall be entitled to maternity allowance – father child or insured-another Member of the immediate family who has been granted the right to maternity leave, the conditions of maternity or parental leave or interrupted gainful activity to the exercise of personal care.

6. After use by the insured – mother child maternity allowance for a period of at least 8 weeks after the birth, the insured-father a child or another person an immediate family member who has been granted the right to maternity leave, the conditions of maternity or parental leave or interrupted gainful activity in order to exercise personal custody of the child, shall be entitled to maternity allowance for the period during which the insured is the child's mother is staying in the hospital or other establishment of the entity performing the healing activity of the medicinal kind of stationary and a 24-hour supply of health, due to the medical condition that prevents her celebration of the personal care of the child. Maternity insured – the child's mother interrupts for the period in which the allowance uses the insured person-the father of a child or another Member of the insured's immediate family.

7. In the event of death of the insured – the child's mother or the abandonment of her child, the insured person shall be entitled to maternity allowance – the father and immediate family member of the insured person to another, or a child who has been granted the right to maternity leave, the conditions of maternity or parental leave or interrupted gainful activity to the exercise of personal care. In the case of the abandonment of the child by the insured-mother baby, maternity benefit are entitled to insured person-the father child or another Member of the insured person's immediate family, for the period after the date of the abandonment of the child by the insured – mother of the child, no earlier than after using it 8 weeks maternity after giving birth.

8. the provisions of paragraphs 1 and 2. 3-7 shall apply mutatis mutandis in the case where the mother or father of the child enjoy the right to maternity leave, the conditions of maternity or parental leave under the provisions of the separate.

9. In the case of: 1) the death of the child's mother not covered by social insurance sickness and maternity benefits, referred to in the Act of 13 October 1998 on the social insurance system, or does not have a title for this insurance, 2) the abandonment of the child by the mother not covered by insurance, referred to in paragraph 1, or does not hold a title for this insurance, 3) inability to exercise personal custody of the child by the mother not covered by insurance referred to in paragraph 1, or does not hold a title for this insurance, with a decision on incapacity for independent existence – maternity allowance are entitled to insured person-the father and immediate family member of the insured person to another, or a child who has been granted the right to maternity leave, the conditions of maternity or parental leave or interrupted gainful activity in order to exercise personal custody of the child, for the period after the date of the occurrence of these circumstances.

10. in the case of the mother of the child, without respect to social insurance sickness and maternity benefits, referred to in the Act of 13 October 1998 on the social security system, employment in a dimension of not less than half of the full working hours, maternity benefit are entitled to insured person-the father of a child who has been granted the right to maternity leave, the conditions of maternity or parental leave or interrupted gainful activity in order to exercise personal care until the dimension, no longer than the duration of employment of the mother.

Article. 29A. [the periods for which they shall be entitled to maternity allowance] 1. The maternity allowance is entitled to a period of time determined by the provisions of the labour code as a period of maternity leave, the conditions of maternity, parental and paternity leave.

2. In the cases referred to in article 1. 29. 3-7, the period of payment of maternity allowance shall be reduced by the period of payment of the benefit of the insured – the mother of the child, and in the case referred to in article 1. 29. 8, the period during which the child's mother has used, on the basis of the provisions of the individual, the right to maternity leave, the conditions of maternity or parental leave.

3. maternity allowance for the period corresponding to the period of parental leave can simultaneously use insured child's parents. In this case, the total period of maternity benefit may not exceed the dimension of the parental leave referred to provisions of the labour code.

4. the provision of paragraph 1. 3 shall apply mutatis mutandis in cases where the other parent of the child enjoy the right to parental leave on the basis of separate provisions.

Article. 30. [Allowance for the birth of a child after termination of insurance] 1. The maternity allowance are also entitled to in the event of the birth of a child after termination of sickness insurance, if insurance is stopped during pregnancy: 1) as a result of bankruptcy or liquidation of the employer;

2) in violation of the law, known by a final court judgment.

2. (repealed).

3. The insured a worker, which resolved the employment relationship during pregnancy due to the bankruptcy or liquidation of the employer and that there is another employment, shall be entitled to the date of childbirth allowance in the amount of the maternity allowance.

4. (3) the insured a worker employed under a contract of employment for a specified period, of which a contract of employment on the basis of article. 177 section 3 of the labour code was extended until childbirth-are entitled to maternity allowance after the termination of the insurance.



Article. 30A. [time limit for making the application for payment of the maternity allowance] 1. Insured – the child's mother, not later than 21 days after giving birth, you may submit a written request for payment of the maternity allowance for the period corresponding to the period of maternity leave and parental leave in full.

2. The insured person shall, no later than 21 days after the adoption of the child's upbringing and to the guardianship court with the request to open proceedings on the adoption of the child or after the adoption of the child to be raised as a foster family, with the exception of foster family professional, you may submit a written request for the payment of maternity allowance to him for a period corresponding to the period of leave under the conditions of maternity and parental leave in full.

3. in the case of submission of the application referred to in paragraph 1. 1, the insured is the child's mother can share with the insured person-the father of the child using the maternity allowance for the period corresponding to the period of parental leave or its part.

4. the provision of paragraph 1. 3 shall apply mutatis mutandis to the application referred to in paragraph 1. 2. Article. 31. [the amount of maternity benefit] 1. Monthly maternity benefit for a period of time determined the provisions of the labour code as a period of maternity leave, the period of leave under the conditions of maternity and paternity is 100% of the calculation basis.

2. Monthly maternity benefit for a period of time determined the provisions of the labour code as a period of parental leave is: 1) 100% of the calculation basis of the allowance-up to a) 6 weeks of parental leave, in the case referred to in article 1. 1821a § 1 paragraph 1 and article. 183 § 4 paragraph 1 of the labour code, b) 8 weeks parental leave, in the cases referred to in article 1. 1821a § 1 paragraph 2 and article. 183 § 4 paragraph 2 of the labour code, (c)) 3 weeks parental leave, in the case referred to in article 1. 183 § 4 paragraph 3 of the labour code;

2) 60% of the calculation basis of the allowance-for the period of parental leave following the periods referred to in paragraph 1.

3. Monthly maternity benefit in the case of: 1) that the insured employee, who filed a request for her immediately after maternity leave, parental leave on a full-time basis, as referred to in article. 1791 of the labour code, 2) non-insured employee who made the request referred to in article 2. 30A paragraph. 1, 3) an insured person who is a worker who has submitted an application, as referred to in article. 1824 of the labour code, 4) of the insured person that is not an employee, who has made an application, as referred to in article. 30A paragraph. 2


-80% of the calculation basis of the allowance for the entire period corresponding to the period of maternity leave, the conditions of maternity and parental leave.

3A. where the monthly amount of maternity allowance minus an advance on income tax from natural persons, calculated in accordance with paragraph 1. 1-3, is lower than the amount of parental benefit referred to in the Act of 28 November 2003 on family benefits (Journal of laws of 2015 item 114, as amended), the amount of the maternity allowance minus an advance on income tax from natural persons shall be increased to the amount of parental benefit.

3B. The increase referred to in paragraph 1. 3A, shall be subject to the financing from the State budget under the contribution to the social insurance fund referred to in article 1. 51 paragraph 1. 1 of the Act of 13 October 1998 on the social insurance system.

3 c. where maternity allowance is entitled to part of the month, the increase referred to in paragraph 1. 3A, shall be determined in proportion to the period for which maternity allowance is paid.

3D. If both parents of a child are entitled to a maternity allowance for the period of parental leave, referred to in paragraph 1. 2, paragraph 1, of the same day, download this benefit period be divided proportionately between the parents, with the behavior of the calculation basis of the allowance referred to in that provision.

3E. where the benefits referred to in paragraph 1. 2, paragraph 1, both parents of the child, this allowance shall have ago with parents, who started the download of this allowance as the first.

4. in the case of maternity allowance for the period corresponding to the period of parental leave in full or the abandonment of maternity allowance for the period corresponding to the period of parental leave, referred to in paragraph 1. 2, paragraph 2, shall be entitled to a one-off alignment of downloaded maternity benefit to 100% of the calculation basis of the allowance, provided non-recovery maternity allowance for the period corresponding to the period of parental leave, referred to in paragraph 1. 2 paragraph 2. Provision of art. 64 shall apply mutatis mutandis.

4A. the amount of the maternity allowance decreases in proportion to the working time where the employee combines the use of parental leave with the performance of work at an employer granting such leave.

5. The maternity allowance shall apply mutatis mutandis the provisions of article 4. 11 (1). 4 and art. 12 paragraph 1. 1 and paragraph 2. 2, paragraph 1 and 3.



Chapter 7 allowance Article. 32. [allowance] 1. Attendance allowance insured person are entitled to an exempted assembler from work due to the need for personal care: 1) child until 8 years in the case of a) unforeseen closure of nursery school, children's Club, kindergarten or school to which the child attends, as well as in the case of a nanny, that parents have a contract referred to in article uaktywniającą. 50 of the law of 4 February 2011 child care up to the age of 3 years (OJ of 2013.1457), or daily guardian having custody of the child, b) childbirth or illness of the insured spouse or parent of a child, constantly caring for the child, if the birth or illness prevents this spouse or parent care, c) residence of the spouse of the insured person or the parent of a child constantly caring for a child in a hospital or other establishment of the entity performing the healing activity of the medicinal kind of stationary and a 24-hour health services;

2) a sick child up to the age of completion of 14 years;

3) another sick member of the family.

2. the members of the family referred to in paragraph 1. 1, paragraph 3, shall be deemed to be a spouse, parent, parent, stepfather, stepmother, in-laws, grandparents, grandchildren, siblings, and children over the age of 14 years-if you are in a common household with the insured person during the period of custody.

3. For children within the meaning of paragraph 1. 1 and 2 are considered children own the insured or his or her spouse, and adopted children, and children adopted on the upbringing and maintenance.

Article. 32A. [allowance for employee-father] 1. In the case where the insured child's mother before the end of the 8 weeks after birth: 1) is present in the hospital or in another undertaking of the entity performing the therapeutic activity of medicinal kind of stationary and a 24-hour health services due to a health condition that prevents the exercise of the personal care of a child or 2) has the ruling of incapacity for independent existence, or 3) abandoned the child-the insured child's father also qualify- regardless of the allowance referred to in article 1. 32, the care allowance in up to 8 weeks, if a break of employment or other gainful activity to the exercise of personal care.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis to another insured person in the immediate family.

Article. 33. [a period of zasiłkowy] 1. Attendance allowance is entitled to a period of exemption from work due to having personal custody, not longer than for a period of: 1) 60 days in a calendar year, if care is exercised, referred to in article 1. 32 paragraph 1. 1 paragraphs 1 and 2;

2) 14 days in a calendar year, if care is exercised over the other members of the family referred to in article 1. 32 paragraph 1. 1 paragraph 3.

2. the allowance shall be entitled to a total care for children and other family members for a period of not more than 60 days in a calendar year.

3. the provisions of paragraphs 1 and 2. 1 and 2 shall apply regardless of the number of persons entitled to a care allowance and regardless of the number of children and other family members in need of care.

Article. 34. [exclusion of the right to unemployment benefit] allowance is not entitled, if the insured are other family members remaining in the joint household, ensure that the care of a child or a sick family member. However, this does not apply to the care exercised over a sick child up to the age of 2 years.

Article. 35. [the amount of the care allowance] 1. Monthly child care allowance shall be 80% of the calculation basis.

2. for the care allowance shall apply mutatis mutandis the provisions of article 4. 11 (1). 4 and art. 12 and 17.



Chapter 8 rules for determining the calculation basis benefits rights of insured employees Art. 36. [basis sickness] 1. The basis of the dimension of the sickness of the insured person who is an employee is average monthly salary paid for the period of 12 calendar months preceding the month in which the incapacity for work arose.

2. If the incapacity for work occurred before the expiry of the period referred to in paragraph 1. 1, the dimension of the sickness allowance is the average monthly remuneration for the full calendar months of insurance.

3. The base dimension of the sickness allowance per day of incapacity for work is one thirtieth part of remuneration which is the basis for the dimension.

4. The base dimension of the sickness allowance shall be determined taking into account the wage obtained in the payer's contributions during the period of continuous sickness insurance, during which the inability to work.

Article. 37. [in the case of benefit resulting from the inability of the basis of assessment before the end of the month insurance] 1. If the incapacity for work occurred before the expiry of the full calendar month of sickness insurance, the base dimension of the sickness allowance is remuneration which an insured person who is an employee would have achieved if they had worked the full calendar month.

2. In the case referred to in paragraph 1. 1, the dimension of the sickness allowance is: 1) monthly salary as defined in the employment contract or in another Act, on the basis of which it was the employment relationship, if the remuneration paid on fixed monthly amount;

2) monthly salary calculated by dividing remuneration achieved for the worked working days by the number of days worked and multiplying by the number of days that an insured person who is an employee was obliged to work this month, if you worked at least one day;

3) the amount of the variable components of remuneration in the average monthly amount, paid for the month in which the incapacity for work arose, workers employed in the same or a similar job with the employer, which shall be entitled to sickness allowance, if the insured person who is an employee has not reached any compensation.

Article. 38. [determination of the average monthly remuneration] 1. The average monthly wage on which the dimension of the sickness allowance is determined by dividing the salary reached by the insured which is an employee for the period referred to in article 2. 36 paragraph 1. 1 and 2, by the number of months in which the remuneration has been reached.

2. If during the period referred to in paragraph 1. 1 an insured person who is an employee has not reached the salary due to the absence of justified reasons, in determining the calculation basis for sickness benefits: 1) switches off the remuneration for the month, in which he worked less than half of the existing it work time;


2) shall be adopted, after addition according to the rules referred to in article 1. 37 paragraph 2. 2, the salary for the months in which the insured person who is an employee has worked at least half of the existing it work time.

3. If during the period referred to in paragraph 1. 1 an insured person who is an employee of each month for reasons justified has less than half of the existing it work time, in determining the calculation basis for sickness allowance shall be remuneration for all months after addition according to the rules referred to in article 1. 37 paragraph 2. 2. Article. 39. [the importance of compensatory allowance in determining the calculation basis for sickness benefits] in determining the calculation basis for sickness allowance paid compensatory allowance shall be treated on an equal footing with the reward.

Article. 40. [Base dimension of the sickness allowance when changing working time] If you change the contract of employment or other Act, on the basis of which it was the employment relationship, which is to change the working time, the base dimension of the sickness allowance is the wage set for new working time if the change occurred in the month in which the incapacity for work arose, or in months, referred to in article 1. 36. Article. 41. [Ingredients not included when determining the calculation basis of the allowance] 1. In determining the calculation basis for sickness benefits does not take into account the components of remuneration to which the employee retains the right in during the download of this allowance in accordance with the provisions of the collective agreements or regulations on rewarding, if they are paid for the period the download allowance.

2. Components of remuneration rights under a contract of employment or other Act, on the basis of which it was the employment relationship, only to the specified term shall not be taken into account in determining the calculation basis for sickness allowance payable for the period after this date.

3. the provision of paragraph 1. 2 shall apply mutatis mutandis to the remuneration component, which stopped payment on the basis of the collective agreement or the provisions of the gender pay gap.

Article. 42. [Credit bonuses and prizes] 1. Bonuses, awards and other components of remuneration rights for monthly periods are included in the calculation basis for sickness allowance in the amount paid to the employee for calendar months, which remuneration shall be to determine the calculation basis.

2. Components of remuneration referred to in paragraph 1. 1, rights for quarterly periods, does to the average monthly wage be adopted to determine the calculation basis for the sickness of being one-twelfth of the amounts paid to an employee for the four quarters preceding the month in which the incapacity for work arose.

3. Elements of remuneration referred to in paragraph 1. 1, rights for periods of one year, are included in the calculation basis for sickness benefits of being one-twelfth of the amount paid to the employee for the year preceding the month in which the incapacity for work arose.

4. the provisions of paragraphs 1 and 2. 2 and 3 shall apply mutatis mutandis to the remuneration paid for the other periods.

5. If the remuneration referred to in paragraph 1. 1-4, were not paid until the final drawing up of a list of withdrawal sickness, to the calculation basis of the allowance shall be paid for the previous period components.

Article. 43. [re-emergence of the right to unemployment benefit] the calculation basis of the allowance does not set again, if between periods download allowances, both of the same type, and another kind of interruption or break was shorter than 3 calendar months.

Article. 44. (repealed).

Article. 45. [the minimum basis of assessment sickness] 1. Basis of assessment of illness benefit in respect of employment in full-time employment may not be lower than the amount of the minimum wage, after deduction of an amount corresponding to 13.71% of salary, and, in the case of the persons referred to in art. 6 paragraph 1. 2 of the Act of 10 October 2002, the minimum wage for the work (Journal of laws No. 200, poz. 1679, 2004 # 240, poz. 2407 and 2005 No 157, item. 1314) – the amount of remuneration referred to in that provision, after deduction of an amount corresponding to 13.71% of salary.

2. The provisions of paragraph 1. 1 does not apply to insured persons who are employees to which remuneration shall not apply the provisions of the Act established in paragraph 1. 1. Article. 46. [the maximum assessment base sickness] basis of assessment for the period of sickness allowance after the termination of sickness insurance may not be higher than the amount of 100% of the average wage. This amount shall be fixed per month, from 3. month of the calendar quarter, for a period of 3 months, on the basis of the average monthly wage from the previous quarter, issued for the purpose.

Article. 47. [the application of the provisions of the Act] the provisions of art. 36 – 42 and article. 45 shall apply mutatis mutandis in determining the calculation basis benefits, compensatory allowance, maternity allowance in the amount of maternity allowance and care allowance, and to provide rehabilitation article. 46. Chapter 9 the rules for determining the calculation basis benefits conferred to the insured non-employees Art. 48. [basis sickness the insured person not being an employee] 1. The basis of the dimension of the sickness of the insured non-employee is the average monthly income for a period of 12 calendar months preceding the month in which the incapacity for work arose.

2. in determining the calculation basis for sickness of the insured non-employee shall apply mutatis mutandis the provisions of article 4. 36 paragraph 1. 2-4, art. 38 paragraph 2. 1, art. 42, art. 43 and article. 46, subject to article 22. 48A-50.



Article. 48A. [Base dimension of the sickness by the declared amount] 1. In the case of an insured person, for which the basis for the contribution to the sickness insurance is the declared amount insurable chorobowemu for less than the period referred to in article 1. 48 para. 1, the dimension of the sickness allowance is the sum of: 1) average monthly the lowest contribution base on sickness insurance, after deductions referred to in article 1. 3, paragraph 4, for the full calendar months of insurance, from which revenue can be upheld in the base dimension of the allowance, and (2)) the amount which is the product of one-twelfth of the average amount declared as basis of assessment of contributions to the sickness insurance, in excess of the lowest basis contribution to sickness insurance, after deductions referred to in article 1. 3, paragraph 4, for the full calendar months of insurance, from which revenue can be upheld in the dimension, and the number of those months.

2. If the period of sickness insurance began after an interval of not exceeding 30 days from termination of sickness insurance with another title, the number of full calendar months of insurance, referred to in paragraph 1. 1 paragraph 2, account shall be taken of the full calendar months from the previous title. The number of full calendar months of insurance that are included with the previous and the current title does not exceed 12.

3. In the case referred to in paragraph 1. 2, when determining the calculation basis for sickness allowance shall be the average of the monthly the lowest basis contribution to the sickness insurance and the average amount declared as the basis of assessment of contributions to the sickness insurance for full calendar months of insurance, in excess of the lowest basis contribution to sickness insurance, referred to in paragraph 1. 1, for the period of full calendar months from the current title.

4. If sickness insurance as referred to in paragraph 2. 2, is not related to the termination of entitlement to social security, and is connected only with the nieopłaceniem contributions to the sickness insurance or a delay in the payment, in the dimension of the allowance account shall also be taken of the average monthly income for months before the break.

5. If the insured person throughout the duration of the non-agricultural business declares the Foundation contribution in an amount of not less than specified in art. 18 paragraph 1. 8 of the law on social insurance system, for the lowest basis contribution to sickness insurance, referred to in paragraph 1. 1, shall be deemed to be an amount referred to in article 1. 18 paragraph 1. 8 of the law on social insurance system.

Article. 49. [tax base allowance for incapacity for work arising before the end of the full calendar month of sickness insurance] 1. If the incapacity for work occurred before the expiry of the full calendar month of sickness insurance, the base dimension of the allowance is: 1) the lowest monthly basis of assessment of contributions to the health insurance per month, which was the right to unemployment benefit, adjusted revenue referred to in article 1. 3 paragraph 4 – for the insured, for which you specify the lowest contribution basis;


2) the amount of income referred to in the contract per month, which was the right to unemployment benefit, adjusted revenue referred to in article 1. 3, paragraph 4, and if this amount was not specified in the contract, the amount of the average monthly income of other insured persons, with whom the payer contributions made the same or similar agreement for insured persons engaged pursuant to an agency agreement or contract;

3) average monthly income of other members of the cooperative for the month, which was the right to unemployment benefit for insured persons who are members of agricultural production cooperatives and cooperatives of the machinery rings;

4) average monthly income of those carrying out the tolling to the payer's contributions for the month in which the allowance was established for those carrying out the tolling.

2. If the incapacity for work occurred before the expiry of the full calendar month of sickness insurance and sickness insurance began after an interval of not exceeding 30 days from termination of sickness insurance with another title, in determining the calculation basis for sickness allowance shall apply mutatis mutandis provision art. 37 paragraph 2. 1.3. In the case of an insured person, for which the basis for the contribution to the sickness insurance is the declared amount, if the incapacity for work occurred before the expiry of the full calendar month of sickness insurance, and that insurance began after an interval of not exceeding 30 days from termination of sickness insurance with another title, shall apply mutatis mutandis the provisions of article 4. 48A. in determining the calculation basis for sickness benefits: 1) shall be a monthly the lowest basis contribution to the sickness insurance and the amount declared, per full calendar month of insurance, in excess of the lowest basis contribution to sickness insurance, for the calendar month in which the incapacity for work arose, after deductions referred to in article 1. 3, paragraph 4;

2) in the number of full calendar months of insurance, referred to in article 1. 48A para. 1 paragraph 2, account shall also be calendar month in which the incapacity for work arose.

Article. 50. [detailed rules of calculation] 1. If during the period referred to in article 1. 48 or article. 48A, income of the insured person who is not an employee has been reduced as a result of failure to work or activities during the period of sickness allowance, maternity, caring, to provide rehabilitation or holding military exercises, in determining the calculation basis for sickness benefits: 1) switches off revenue for months, in which the insured person has or activities by less than half of the month;

2) shall be revenue for the month in which the insured performed work or activities for at least half of the month.

2. If during the period referred to in paragraph 1. 1, the insured's income each month has reduced, for reasons mentioned in paragraph 1. 1, when determining the calculation basis for sickness allowance shall be the revenue for all months.

Article. 51. (repealed).

Article. 52. [the application of the provisions of the Act] in determining the calculation basis of rehabilitation benefits, maternity allowance and care allowance shall apply mutatis mutandis the provisions of article 4. 36 paragraph 1. 2-4, art. 38 paragraph 2. 1, art. 42, art. 43, art. 48 para. 1 and art. 48A-50, and to provide rehabilitation provisions art. 19 paragraph. 2 and art. 46. Article. 52A. [Base dimension of the sickness allowance for persons taking replacement service] the basis of the dimension of the sickness allowance for persons taking replacement service is the amount of money specified in the regulations for the service, in the month in which the incapacity for work arose, after deductions referred to in article 1. 3 paragraph 4.



Chapter 10 Documenting rights to benefits and control rule on temporary incapacity for work of Art. 53. [Evidence] 1. In determining the right to benefits and the amount of evidence, ordered the temporary inability to work due to illness, hospitalization or another undertaking of the entity performing the therapeutic activity of medicinal kind of stationary and a 24-hour health services or the need for personal care for a sick relative are medical certificates referred to in article 1. 55 paragraph 1. 1 and art. 55A paragraph 1. 7, or a printout of the medical certificate referred to in article 2. 55A paragraph 1. 6.2. The expected date of childbirth specifies a certificate issued by a doctor on an ordinary print, date of birth and are documented summary copy of the child's birth.

3. The reason for the inability to work due to undergo necessary medical examinations for candidates for donors of cells, tissues and organs, and the inability to work due to undergo treatment download the cells, tissues and organs specifies a certificate issued by a doctor on an ordinary print.

Article. 54. [Authorized to issue medical certificates] 1. The social insurance entitles to issue medical certificates for temporary incapacity to work due to illness, hospitalization or another undertaking of the entity performing the therapeutic activity of medicinal kind of stationary and a 24-hour health services or need personal care for a sick relative, hereinafter referred to as "medical certificate", general practitioner, dentist, felczera, or the older felczera, hereinafter referred to as "issuing a medical certificate", after the deposit of the , in writing or in the form of electronic document authenticated using certified certificate within the meaning of article 3. 3 section 12 of the Act of 18 September 2001 on electronic signatures (OJ of 2013.262 and with 2014.1662), hereinafter referred to as "qualified certificate", or profile trusted ePUAP within the meaning of article. 3 section 14 of the Act of 17 February 2005 on the computerization of the business entities pursuing public tasks (Journal of laws of 2014.1114), hereinafter referred to as "trusted profile ePUAP", email your podawczą social insurance established in accordance with the regulations issued on the basis of article. 16 paragraph. 3 of the Act of 17 February 2005 on the computerization of the business entities pursuing public tasks, hereinafter referred to as the "email your podawczą social insurance", a statement that is committed to the principles of the rule on temporary incapacity for work and the performance of duties under the provisions of the Act and regulations on the protection of personal data.

2. The social insurance cannot grant the authorization referred to in paragraph 1. 1, doctors and physicians dentists during the traineeship post-graduate.

3. The authorisation referred to in paragraph 1. 1, social security makes a decision.

Article. 55. [the medical certificate] 1. A medical certificate is issued in the form of electronic document authenticated using certified certificate or trusted profile ePUAP, in accordance with the model laid down by the social insurance Institute, through a shared electronic system for free by social insurance.

2. Issuing a medical certificate passes a medical certificate to the email inbox podawczą social insurance.

3. Medical certificate contains: 1) ID, and the date of issuance of the medical certificate;

2) data of the insured person: first name, last name, General Electronic system of population register, hereinafter referred to as the "SOCIAL SECURITY number", or a series of and the passport number and date of birth, if it has not been given the social security number, and the address of the place of stay of the insured person during the period of incapacity for work;

3) payer's data contributions: tax identification number, hereinafter referred to as "D & C", or social security number or passport number and series, if there is no obligation to use a tax identification number and has not been given the social security number, and the type of the identifier of the payer;

4) first name, last name and licence number of the profession issuing a medical certificate and the address of the place of the provision of health services;

5) period of imposed temporary inability to work, including the period of stay in the hospital;

6) information on the circumstances affecting the right to the sickness allowance or the amount, in accordance with article 5. 7 paragraph 2, art. 8, art. 9. 2, art. 11 (1). 2, paragraph 1 and article. 16, using the letter codes referred to in article 1. 57 paragraph 3. 1;

7) medical indications –: ill should lie or ill can walk;

8) the period of exemption from work due to the need to exercise personal care of a sick relative, the date of birth of this member of the family and the degree of his kinship or affinity with the insured person;

9) statistical number of the disease of the insured person given according to the international statistical classification of diseases and related health problems;

10) the designation of the institution with which the insured person has been reported to insurance.

4. Rule of temporary incapacity to work due to illness, hospitalization or another undertaking of the entity performing the therapeutic activity of medicinal kind of stationary and a 24-hour health services or need personal care for sick family member:


1) occurs after the direct health insured or sick family member;

2) is documented in the medical record on the principles set out in the Act of 6 November 2008 on the rights of the patient and the patient's Rights Ombudsman (OJ of 2012.159, as amended).



Article. 55A. [the provisioning profile] 1. In order to issue medical certificates issuing a medical certificate creates using the electronic system shared for free by social insurance the provisioning profile.

2. Social Security for the purpose of issuing a medical certificate provides a free medical certificate issued on his profile information: 1) data collected in under the Act on social insurance system: a) the central registry of the insured – first name, surname, date of birth and address of the insured, (b)) the central register of Payers of contributions, the name shortened and VAT number or social security number, or a series of passport number and the payer contributions If there is no obligation to use a tax identification number and has not been given the social security number, c) the central registry of the members of the family of the insured are entitled to health insurance – the date of birth of a sick family member and the degree of his kinship or affinity with the insured person;

2) information about the earlier medical certificates issued to the insured person, collected in the register referred to in article 1. 55B paragraph. 1, and the certificates referred to in article 1. 59 paragraph 1. 8.

3) information whether the payer contributions has the provisioning profile payer contributions referred to in article 2. 58 paragraph 1. 1.3. The data and information referred to in paragraph 1. 2 (1) (a). (a) and (b) and paragraphs 2 and 3, the social insurance provides after issuing a medical certificate to the social security number of the insured person or of the series and passport number, if the insured person has not been given the social security number, and the data referred to in paragraph 1. 2 (1) (a). (c), after the social security number of a family member or a series of and passport number if the family does not have been given a social security number.

4. Accuracy and timeliness of the data and information made available on the profile of information issuing a medical certificate confirms on the insured person.

5. in the case when information on issuing a medical certificate will not be available for data or information or data or information will be shared with incomplete or out of date, missing or current data or information issuing a medical certificate is obtained from the insured person.

6. at the request of the insured person and in the case when information on the profile of information issuing a medical certificate indicates that the payer contributions does not have a provisioning profile payer contributions referred to in article 2. 58 paragraph 1. 1, issuing a medical certificate to the insured person shall print issued a medical certificate with the electronic system referred to in paragraph 1. 1, which contains the data and information referred to in article 1. 55 paragraph 1. 3 paragraphs 1 to 8 and 10, bearing his signature and stamp.

7. where the issue of a medical certificate in the form of an electronic document, referred to in article 2. 55 paragraph 1. 1, it is not possible, in particular in the absence of being able to access Internet, or inability to authenticate a medical certificate with the use of a qualified certificate or trusted profile, ePUAP medical certificate on the day of the survey conveys the insured medical certificate issued in the form of a medical certificate printed from the electronic system referred to in article 2. 55 paragraph 1. 1, containing data and information referred to in article 1. 55 paragraph 1. 3 paragraphs 1 to 8 and 10, bearing his signature and stamp. The data and information referred to in article 1. 55 paragraph 1. 3 paragraphs 2, 3 and 10, and the data and information relating to the date of birth of a family member and its degree of consanguinity or affinity with the insured person, referred to in article 1. 55 paragraph 1. 3 paragraph 8, issuing a medical certificate is obtained from the insured person.

8. In the cases referred to in paragraph 1. 4, 5 and 7, the insured person is obliged to provide a medical certificate to the issuing data and information to the extent necessary for the issue of a medical certificate.

9. Issuing a medical certificate, within 3 working days from the date of issue of the medical certificate referred to in paragraph 1. 7, passes on e-mail a podawczą social insurance medical certificate issued in the form of an electronic document, referred to in article 2. 55 paragraph 1. 1, containing data and information contained in the certificate, referred to in paragraph 1. 7, and the information referred to in article 1. 55 paragraph 1. 3 paragraph 9. If passing a medical certificate within this time limit is not possible, in particular in the absence of being able to access Internet, or inability to authenticate a medical certificate with the use of a qualified certificate or trusted profile, ePUAP medical certificate medical certificate shall not later than within 3 working days after the removal of the cause of preventing the transfer of medical certificate.



Article. 55B. [a record of medical certificates] 1. Social security keeps a register of medical certificates that contains the data and information referred to in article 1. 55 paragraph 1. 3.2. Social security holds a medical certificate for a period of 3 years from the end of the calendar year in which issued.

3. The social insurance provides a free Hand for the agricultural social security medical certificates referred to in article 1. 55 paragraph 1. 1, and the information referred to in article 1. 58A, if apply to insured persons at the box office.

Article. 56. [records of authorised to issue certificates] 1. Social security keeps a register of doctors, dentists, medical assistants and senior medical assistants, who reported the proposal for authorization to issue medical certificates.

2. the register referred to in paragraph 1. 1, includes: 1) the licence number of the profession;

2) first and last name;

3) social security number or passport number and series, where it was given a social security number;

4) the type and degree of specialisation;

5) the address of the place of the provision of health services;

6) name and principal place of proper medical Chamber;

7) about the withdrawal of the authorization referred to in article 2. 54 paragraph 1. 1.3. Doctors, doctors, dentists, practicing nurses and senior practicing nurses referred to in paragraph 1. 1, shall inform the social insurance of changes to the data and information collected in the register referred to in paragraph 1. 2.4. (repealed).

5. Social insurance: 1) provides the Supreme Medical Council and information in health, referred to in the Act of 28 April 2011 on the health information system (Journal of laws No. 113, item 657 and # 174, item 1039), information collected in the register referred to in paragraph 1. 1;

2) is entitled to the use of the information referred to in paragraph 1. 2, gathered in the records of doctors conducted by the Regional Medical Council and gathered in the central registry of doctors and dentists led by the Supreme Council.

6. (repealed).

Article. 57. [letter codes] 1. In a medical certificate of temporary incapacity to work due to illness or a stay in hospital or other establishment of the entity performing the healing activity of the medicinal kind of stationary and a 24-hour health services information about the circumstances affecting the right to the sickness allowance or the amount in accordance with article 5. 7 paragraph 2, art. 8, art. 9. 2, art. 11 (1). 2, paragraph 1 and article. 16 given the use of the following letter codes: 1) code and means incapacity arising after an interval of not exceeding 60 days – caused by the same disease, which was the cause of incapacity for work before the break;

2) code B-means the inability to work per pregnancy;

3) C code-means the inability to work caused by the abuse of alcohol;

4) code D-means the inability to work due to tuberculosis;

5) E-code-means the inability to work due to illness, referred to in article 1. 7 paragraph 2.

2. In the certificate, at the written request of the insured, no code "B" and "D".

Article. 58. [create a provisioning profile] 1. The social insurance provides free medical certificate payer payer's information profile contributions contributions, without the information referred to in article 1. 55 paragraph 1. 3 paragraph 9, not later than the day following the date of receipt of a medical certificate.

2. The provisioning profile is created by the contributions of the payer payer contributions through a shared electronic system for free by social insurance.

3. The provisioning profile payer contributions are required to create the payers of contributions required pursuant to article 4. 47A paragraph. 1 of the Act of 13 October 1998 on the social insurance system for the transmission of documents necessary for the conduct of accounts and insured accounts contributions payers and correction of these documents by the data transmission in the form of an electronic document.


4. Payers of contributions, who formed the provisioning profile payer, shall be required to maintain even when there is no apply to them the obligation to provide the documents necessary to the conduct of accounts and insured accounts contributions payers and correction of these documents by the data transmission in the form of an electronic document, referred to in article 2. 47A paragraph. 1 of the Act of 13 October 1998 on the social insurance system.

5. the payer contributions without provisioning profile payer contributions shall inform the insured party, in writing, on the first day of membership of insurance chorobowemu, the obligation to provide you with a print by the insured person of a medical certificate, referred to in article 1. 55A paragraph 1. 6, or a medical certificate referred to in article 2. 55A paragraph 1. 7.6. The payer of the contributions referred to in paragraph 1. 5, if you create a provisioning profile payer contributions, within 7 days from the date of the creation of this profile, the insured person shall inform, in writing, of the termination of the obligation to provide you with a print by the insured person of a medical certificate, referred to in article 1. 55A paragraph 1. 6, or a medical certificate referred to in article 2. 55A paragraph 1. 7. Article. 58A. [error in the certificate a medical examination] 1. In the case where the medical error has been made in the certificate, issuing a medical certificate that issued the statement, in which it was committed an error, or other issuing a medical certificate, within 3 working days from the date of the finding of error or receive information about a finding of error, in particular from the payer of the contributions of the insured person or the social insurance, passes on e-mail a podawczą social insurance, referred to in article 1. 55 paragraph 1. 2:1) the annulment of a medical certificate, in which error has been made, or 2) the information referred to in paragraph 1, and the new medical certificate, containing the identifier and its date of issue and the data and information referred to in article 1. 55 paragraph 1. 3 paragraph 2 – 10, included in the certificate, in which it was committed an error, rectified this error is authenticated using a qualified certificate or trusted profile ePUAP. Provision of art. 55 paragraph 1. 4 paragraph 1 does not apply.

2. If the provision of information about the annulment of a medical certificate, in which it was committed, or a new medical certificate within the period referred to in paragraph 1. 1, it is not possible, in particular in the absence of being able to access Internet, or inability to authenticate information or medical certificate with the use of a qualified certificate or trusted profile, ePUAP medical certificate shall transmit information or medical certificate not later than within 3 working days after the removal of the cause of preventing the transfer of information or medical certificate.

3. The social insurance, no later than the day following the date of receipt of the information about the annulment of a medical certificate, which was a mistake, or information about the annulment of a medical certificate, in which error has been made, and the new medical certificate provides free information on the payer contributions: 1) the annulment of a medical certificate, in which error has been made, the payer of the contributions indicated in the medical certificate , in which it was committed;

2) new medical certificate without the information referred to in article 1. 55 paragraph 1. 3 paragraph 9, payer contributions indicated in a new certificate.

4. Information about the annulment of a medical certificate, which was a mistake, issuing a medical certificate shall, in writing, to the insured person, telling him at the same time, the obligation to delivery of this information to the payer contributions, where information on the profile of information issuing a medical certificate indicates that the payer contributions does not have a provisioning profile payer contributions.

5. print out a new medical certificate referred to in article 2. 55A paragraph 1. 6, issuing a medical certificate shall also insured person, telling him at the same time to the service of a new medical certificate payer contributions, where information on the profile of information issuing a medical certificate indicates that the payer contributions does not have a provisioning profile payer contributions.

6. If in the case referred to in article 1. 55A paragraph 1. 7, in a medical certificate on a form printed from the electronic system error was found on the day of the test in the presence of the insured person, issuing a medical certificate shall inform the insured of the annulment of a medical certificate, in which error has been made, and shall provide to the insured a new medical certificate. Issuing a medical certificate shall send information about annulment of the form of a medical certificate in the computer system the social insurance.

7. the provisions of paragraphs 1 and 2. 1-5 shall apply mutatis mutandis, if in the case referred to in article 1. 55A paragraph 1. 7, error in the medical certificate issued on a form printed from the electronic system will be established before passing a medical certificate issued in the form of an electronic document, referred to in article 2. 55 paragraph 1. 1, the electronic mailbox podawczą social insurance.

8. If the error in the certificate of medicine has an impact on the right to the granted unemployment benefit or the amount of, the social insurance issue a decision about the lack of right to unemployment benefit or change its height. Where to pay unemployment benefit is obliged to the payer contributions, the decision is issued at the request of the payer of the contributions or the insured.

Article. 59. [Control rule] 1. The correctness of the rule on temporary incapacity for work due to illness and the issuance of medical certificates shall be subject to control.

2. Control doctors perform social insurance examiners.

3. in order to control the doctor predicate the social insurance can: 1) carry out a medical examination of the insured: a) in a designated area, b) at his place of residence;

2) refer the insured person to a specialist examination by a physician consultant social insurance;

3) require issuing a medical certificate to share medical records concerning insured giving rise to the issue of a medical certificate or provide further explanations and information on;

4) have secondary studies within the prescribed period.

4. The insured is obliged to share your medical records to the doctor carrying out the study referred to in paragraph 1. 3 paragraphs 1 and 2.

5. The social insurance Department sends to the insured, return receipt requested, a call in which specifies the term research by social insurance examiner or by a doctor or consultant to deliver your test results. The call contains the information about the effects referred to in paragraph 1. 6 and 10.

6. in the event of non-delivery of test results held research or prevention within the period referred to in paragraph 1. 5, medical certificate ceases to be valid from the day after that date.

7. If after analysis of the medical records and after the test the insured doctor predicate social insurance shall specify an earlier date of termination of incapacity for work than imposed in the certificate, for the period from the date of the medical certificate shall cease to be valid.

8. In the cases referred to in paragraph 1. 7, doctor predicate social insurance issues a certificate, which is treated on an equal footing with the certificate stating the lack of contraindications to work on a specific position, pursuant to art. 229 § 4 of the labour code.

9. the certificate referred to in paragraph 1. 8, doctor predicate social insurance issues in the form of electronic document authenticated using certified certificate or trusted profile ePUAP, in accordance with the model established by the social insurance Institute, through a shared electronic system for free by social insurance. The provisions of article 4. 55 paragraph 1. 2 and art. 55A paragraph 1. 7 to 9 shall apply mutatis mutandis.

9A. in the event of issue by the social insurance examiner certificate referred to in paragraph 1. 8, social insurance shall notify the issuing a medical certificate.

9B. the certificate referred to in paragraph 1. 8, includes: 1) the date of issue;

2) data of the insured person: first name, last name, social security number or the series and the passport number and date of birth, if it has not been given the social security number, and the address of his residence for the duration of the incapacity to work;

3) payer's data contributions: TAX IDENTIFICATION NUMBER or social security number or passport number and series, if there is no obligation to use a tax identification number and has not been given the social security number, and the type of the identifier of the payer;

4) date of termination of incapacity for work;

5) ID of the medical certificate, which shall cease to be valid for the period from the date referred to in paragraph 4, the circumstances referred to in paragraph 1. 7;


6) name and surname social insurance examiner issuing;

7) field marking OU social insurance;

8) information for the insured person of the circumstances referred to in paragraph 1. 7, as well as the need of delivery of the certificate to the payer contributions, where it has a provisioning profile payer contributions.

9 c. the certificate referred to in paragraph 1. 8, is made available to the payer under the terms of contributions for a medical certificate.

9 d doctor predicate social insurance insured person passes on the day of the survey: 1) print the certificate referred to in paragraph 1. 8, with the electronic system referred to in paragraph 1. 9, or 2) the certificate referred to in paragraph 1. 8, issued in the form of the certificate printed from the electronic system referred to in paragraph 1. 9-bearing his signature and stamp.

9E. The insured shall provide the payer contributions: 1) print the certificate referred to in paragraph 1. 9 d, paragraph 1, if the payer contributions does not have a provisioning profile payer contributions;

2) medical certificate referred to in paragraph 1. 9 d paragraph 2.

10. In the cases referred to in paragraph 1. 6 and 7, the social insurance issue a decision about the lack of right to unemployment benefit.

11. A copy of the decision referred to in paragraph 1. 10, social security sends the employer of the insured person, which that decision applies.

12. the employer may apply to the social insurance institution for verification of the correctness of rule on temporary incapacity to work due to illness and the issuance of medical certificates for the purposes of the payment of wages for the time incapacity for work referred to in article 1. 92 of the labour code. Company shall inform the employer of the outcome of the proceedings.

13. travel costs incurred by the insured person, the testing of the social insurance returns to the cost of the journey the cheapest means of public transport.

14. (repealed).

15. (repealed).



Article. 59A. [Delegation] the competent Minister in charge of social security in consultation with the competent Minister for health, after consulting the Supreme Medical Council, shall determine by regulation: 1) mode and how to rule on temporary incapacity for work and the issuance of a medical certificate and the certificate referred to in article 1. 59 paragraph 1. 8, 2) documenting pronounced inability to work, 3) mode and the rectification of an error in the medical certificate and the transfer of the insured person and the payer contributions information about annulment of a medical certificate, in which it was committed, and print a new medical certificate referred to in article 2. 55A paragraph 1. 6-whereas the need to ensure the proper and effective rule on temporary incapacity for work, the uniformity of mode and how to issue medical certificates and certificates referred to in article 1. 59 paragraph 1. 8, and how to document a pronounced inability to work, as well as the proper rectification of errors in issued certificates.

Article. 60. [revocation of authorization to issue medical certificates] 1. In the case of irregularities in the issuing of medical certificates, in particular when a medical certificate is issued: 1) without any direct examination of the insured person, 2) without documentation of the diagnosis of underlying imposed temporary incapacity for work – the social insurance may, by decision, revoke the authorization to issue medical certificates for a period not exceeding 12 months from the date on which the decision became final.

2. in the case of repeated violations of the principles laid down in art. 55A paragraph 1. 6, 7 and 9 and article. 57, the social insurance may, by decision, revoke the authorization to issue medical certificates for a period not exceeding 3 months from the date on which the decision became final.

3. (repealed).

4. the decision referred to in paragraph 1. 1-3, may be appealed to the Minister responsible for social security.

5. The decision referred to in paragraph 1. 1-3 and art. 54, shall apply the provisions of the code of administrative procedure.



Article. 60A. [the issue of certificates by electronic system electronic platform collection, analysis and sharing of Digital Resources about Medical Events] 1. The certificate referred to in article 1. 55 paragraph 1. 1 and art. 59 paragraph 1. 8, can be issued by the electronic system electronic platform collection, analysis and sharing of Digital Resources about Medical Events, referred to in article 2. 7 of the law of April 28, 2011 on the health information system, through which are submitted to the information system referred to in article 2. 55 paragraph 1. 1 and art. 59 paragraph 1. 9.2. The data contained in the certificate, referred to in article 1. 55 paragraph 1. 3, shall be made available to the health information system, referred to in the Act of 28 April 2011 on the health information system.



Chapter 11 Proceedings in cases determining the right to benefits and their pay Article. 61. [Entities providing the right to unemployment benefits and their height] 1. The right to the benefits referred to in this Act and their height shall determine and pay these allowances: 1) sickness insurance contributions payers who report to the sickness insurance of more than 20 insured, subject to paragraph 2 (a). (d);

2) social insurance: a) insured persons, which payers of contributions report to sickness insurance not more than 20 insured, b) insured professional non-agricultural activities and those cooperating with them, c) insured clergy, d) persons entitled to benefits for the period after termination of the insurance, e) insured under insurance chorobowemu in Poland from employment with the employer.

2. the number of insured persons referred to in paragraph 1. 1, shall be determined as of the day on November 30 of the previous calendar year, and in relation to payers of contributions, who on this day not reported anyone to sickness insurance-as of the first month in which have made such a declaration.

3. If the payment of unemployment benefit is obliged to social insurance, payer contributions shall submit a certificate containing a statement of remuneration or income, on which the dimension of allowance, which shall determine, by regulation, the competent minister of social security.

4. The social insurance continues after 31 December taken before the payment of the allowance, even if from 1 January the payer contributions is obliged, in accordance with paragraph 1. 1, for the payment of benefits.



Article. 61A. [processing of data and information by the social insurance Institute] in order to determine the right to unemployment benefit and the payment of the social insurance has the right to process the data and the information necessary to determine the right to benefits, their amount, the calculation basis and to their withdrawal.



Article. 61B. [the proceedings on the grant and payment of benefit] 1. The proceedings on the grant and payment of unemployment allowance shall be initiated upon a request made in writing or in the form of electronic document authenticated using certified certificate or trusted profile electronic podawczą box on the ePUAP social insurance.

2. the proceedings for grant and payment of sickness allowance or allowance in respect of care for a sick family member shall be initiated: 1) if the payer is the payer contributions: a) with a provisioning profile payer contributions, on the basis of:-a medical certificate in the form of an electronic document, referred to in article 2. 55 paragraph 1. 1 received on this profile – print medical certificate referred to in article 1. 55A paragraph 1. 6, or a medical certificate referred to in article 2. 55A paragraph 1. 7, provided by the insured, b) without a provisioning profile payer contributions-based print medical certificate referred to in article 2. 55A paragraph 1. 6, or a medical certificate referred to in article 2. 55A paragraph 1. 7, provided by the insured person;

2) if the payer is the social insurance-based print medical certificate referred to in article 2. 55A paragraph 1. 6, the medical certificate referred to in article 2. 55A paragraph 1. 7, or application referred to in paragraph 1. 1, passed by the insured person or the payer contributions authorized by the insured person.

3. the application referred to in paragraph 1. 1, includes: 1) the insured person – first name, last name, social security number or the series and the passport number and date of birth, if it has not been given the social security number, and the address of the residence;

2) data of the payer contributions – TAX IDENTIFICATION NUMBER or social security number or passport number and series, if there is no obligation to use a tax identification number and has not been given social security number;

3) information on the circumstances affecting the right to unemployment benefit or its height.

4. the application referred to in paragraph 1. 1, shall be accompanied by the documents necessary for the grant and payment of unemployment benefits.


5. in the case of insured persons referred to in article 1. 61 paragraph 1. 1 point 2 (a). and, the payer shall contributions to the social insurance request, a printout of the medical certificate referred to in article 2. 55A paragraph 1. 6, or the medical certificate referred to in article 2. 55A paragraph 1. 7, together with the documents necessary for the grant and payment of unemployment benefits immediately, but no later than within 7 days from the date of their receipt.

6. the competent Minister in charge of social security shall determine, by regulation, the scope of information on the circumstances affecting the right to unemployment benefit or the amount referred to in paragraph 1. 3, paragraph 3, and the documents necessary for the grant and payment of benefits referred to in paragraph 1. 4, bearing in mind the need to ensure the smooth and timely determination of the right to benefits and of making their payments.

Article. 62. [print Supply a medical certificate to the payer] 1. The insured person provides a printout of the medical certificate referred to in article 2. 55A paragraph 1. 6, or the medical certificate referred to in article 2. 55A paragraph 1. 7:1) to the social insurance-if the payer is the social insurance;

2) payer contributions-if the payer is the payer contributions without provisioning profile payer contributions.

2. The insured person referred to in art. 61 paragraph 1. 1 point 2 (a). and, who was informed, in writing, of their obligation to provide the payer contributions print medical certificate referred to in article 1. 55A paragraph 1. 6, or a medical certificate referred to in article 2. 55A paragraph 1. 7, provides up to print a medical certificate or a medical certificate to the payer, who shall forward them without delay to the social insurance institution, indicating the date of delivery of the print, respectively, of a medical certificate or a medical certificate by the insured person.

3. (repealed).

4. The insured person shall be entitled to maternity allowance of more than one title, is obliged to inform each payer of allowance maternity allowance from other titles, and its height.

5. If the insured person is entitled to a maternity allowance of more than one title, and the total amount of paid maternity is less than the height of the parental benefit, increased maternity allowance referred to in article 1. 31 para. 3A, shall be paid the payer indicated by the insured person, taking into account paragraph 3. 6.6. In the case referred to in paragraph 1. 5, when one of the contributors is social insurance, the paying agent the amount of the increase is the social insurance.

Article. 63. [request for determination of entitlement to the allowance] 1. The insured person may apply to the social insurance with the proposal to establish the entitlement to unemployment benefit, if it believes that you have violated his rights in this regard.

2. a request for the determination of entitlement to the allowance of the insured person may apply to the social insurance also payer contributions to the sickness insurance.

3. Appeals from decisions of the social insurance institution shall determine separate rules.

Article. 64. [payment of birth allowances] 1. Payers of contributions referred to in article 1. 61 paragraph 1. 1 paragraph 1 shall pay allowances within the time limits for the payment of wages or income, and social security regular basis once permission. These allowances shall be paid not later than 30 days from the date of submission of the documents necessary to establish entitlement to benefits.

2. If the payer contributions not paid unemployment benefit within the period referred to in paragraph 1. 1, he is obliged to pay interest on this allowance in the amount and on the terms specified in the law on social insurance system.

Article. 65. [payment of benefits] 1. Allowances shall be paid to the person which these allowances have, or a person authorized by the company or person to which the hands shall be paid remuneration or income of the insured person.

2. In the event of death of the insured person before him due allowance, child benefit is paid to persons qualified to take wages or income of the insured person.

Article. 66. [Hold payment] 1. The payment of the allowance stops, if the right to unemployment benefits end or find that the right of such do not exist.

2. If you downloaded the benefit unduly from the fault of the insured or the circumstances referred to in article 1. 15-17 and article. 59 paragraph 1. 6 and 7, the amounts paid shall be subject to the deduction of the insured person due to the current allowances and other social security benefits or download in the provisions of the enforcement proceedings in administration.

3. Social insurance Decision on reimbursement of unduly collected benefits is enforceable in enforcement proceedings in administration.

Article. 67. [Limitation of the claim for payment of the allowance] 1. The claim for the payment of sickness benefits, maternity care and compensatory are subject after the expiration of 6 months from the last day of the period for which the allowance.

2. (repealed).

3. If failure of the claim for payment of the unemployment benefit has occurred for reasons beyond the control of the person entitled, the term 6 months counted from the date on which it ceased obstacle preventing a claim.

4. If the wage benefit, in whole or in part, was the consequence of the error of the payer of the contributions referred to in article 2. 61 paragraph 1. 1 paragraph 1, or the social insurance, the claim for payment of the allowance are subject to after 3 years.

Article. 68. [control] 1. The social insurance contribution payers and referred to in article 1. 61 paragraph 1. 1 paragraph 1 shall be entitled to control the insured the accuracy use of exemptions from work in accordance with their purpose and are entitled to a formal control of medical certificates.

2. the competent Minister of social security, in consultation with the General Medical Council, shall determine, by regulation, detailed rules and control the regularity of the use of exemptions from work and formal control of medical certificates.

Article. 69. [the application of the provisions of the Act] to provide rehabilitation shall apply mutatis mutandis the provisions of article 4. 61. 61A, article. 61B paragraph. 1, 3 and 4 and article. 63-68 and the provisions issued pursuant to art. 61B paragraph. 6. Article. 70. [an investigation by SOCIAL SECURITY reimbursement paid allowance] 1. If the inability of the insured to work to justify the payment of sickness allowance or rehabilitation benefits was caused by another person as a result of its deliberate offence, social insurance or the payer contributions referred to in article 2. 61 paragraph 1. 1 paragraph 1 may claim from the offender return paid sickness allowance or rehabilitation benefits.

2. The circumstances referred to in paragraph 1. 1, on the basis of a final decision of a court.



Chapter 12 changes to the existing Article. 71. (omitted).



Article. 72. (omitted).



Article. 73. (omitted).



Article. 74. (omitted).



Article. 75. (omitted).



Article. 76. (omitted).



Article. 77. (omitted).



Article. 78. (omitted).



Article. 79. (omitted).



Article. 80. (omitted).



Chapter 13 transitional and final provisions Article. 81. [payment of allowances to which arose before the entry into force of the Act] 1. Sickness benefits, which arose before the date of entry into force of the Act, shall be paid in the amount, under the terms and in the mode specified in the existing legislation, for the entire period of uninterrupted incapacity for work.

2. the provision of paragraph 1. 1 applies to rehabilitation benefits, compensatory allowance, maternity allowance and care allowance.

3. The amount of the benefit, granted after the download is complete, sickness benefits established under the provisions of the existing, shall be determined taking into account the calculation basis for sickness allowance fixed according to existing rules.

Article. 82. [Passing periods of social insurance for periods of sickness insurance] to a period of sickness insurance, referred to in article 2. 4, includes periods of social insurance, entitlement to cash benefits in the sickness and maternity benefits, prior to the entry into force of the Act, if the break between the periods or between them and the sickness insurance shall not exceed 30 days.

Article. 83. (omitted).

Article. 84. (omitted).

Article. 85. [the provisions repealed] 1. The following shall be repealed: 1) Act of 17 December 1974 on the benefits cash social insurance sickness and maternity benefits (Journal of laws of 1983, no. 30, item 143, as amended);

2) art. 6 paragraph 1. 1 point 2 and 8, paragraphs 1 and 2. 2, paragraph 1 and 2 and paragraphs 1 and 2. 5, art. 7, art. 9-11 and article. 36-38 of the law of 19 December 1975 on social insurance of people performing work on the basis of the agency contract or contract (Journal of laws of 1995, no. 65, item 333, as amended.) [4] ;

3) art. 3 paragraphs 1 and 2. 1 point 2 and 10, paragraph 1. 2 (1) and (2), art. 4 and art. 6-10 of the Decree of 4 March 1976 on social insurance of members of agricultural production cooperatives and cooperatives of agricultural circles and their families (OJ 1983, no. 27, item 135, as amended.) [5] ;


4) art. 5 paragraph 2 and 8, art. 7, 13 – 14, art. 15 paragraph 1. 1 and art. 30 of the law of 18 December 1976 on social insurance of persons carrying on economic activities and their families (Journal of laws of 1989 No. 46, item 250, as amended.) [6] ;

5) art. 7 paragraph 1. 1 point 2, paragraph 2. 2 paragraph 2 and paragraph 3. 3, art. 9, art. 18-20. 23 of the Act of 17 May 1989 on the social insurance of the clergy (OJ No 29, item 156, as amended.) [7] .

2. Until implementing rules provided for in this Act shall remain in force, the provisions implementing acts issued on the basis of the law referred to in paragraph 1. 1 paragraph 1 if they are not contrary to the provisions of this Act.

Article. 86. [entry into force] this Act shall enter into force on 1 September 1999, except that: 1) art. 54, 56, 59, 79 and 83 shall enter into force after 14 days from the date of the notice;

2) art. 80 shall enter into force on 1 November 1999.

[1] based on the judgment of the Constitutional Court of 17 June 2014 (OJ. 898) art. 13 paragraph 1. 1 paragraph 1 is consistent with the article. 67 paragraph 1. 1 and art. 32 paragraph 1. 1 in connection with article. 2 the Constitution of POLAND.

[2] on the basis of the judgment of the Constitutional Court of 25 February 2014 (OJ No. 267) art. 17 paragraph 1. 1, in so far as it provides the basis for the loss of the right to the sickness of the insured, which during the period of the sentence relating to incapacity for work performed paid work, making a salary in excess of the minimum remuneration for work, is compatible with article. 67 paragraph 1. 1 in connection with article. 64 paragraph 1. 1 and 2, article. 31 para. 3 and art. 2 the Constitution of POLAND.

[3] Article. 30 paragraph. 4 in the version established by art. 4 of the Act of June 25, 2015. amending the law – the labour code and certain other laws (OJ item 1220). The change went into effect February 22, 2016.

[4] the Act repealed pursuant to art. 61 paragraph 3 of the Act of 30 October 2002 on social insurance in respect of accidents at work and occupational diseases (Journal of laws No. 199, 1673), which entered into force on 1 January 2003.

[5] the Decree has lost power on the basis of article. 61, paragraph 4 of Act of 30 October 2002 on social insurance in respect of accidents at work and occupational diseases (Journal of laws No. 199, 1673), which entered into force on 1 January 2003.

[6] the Act repealed pursuant to art. 61, paragraph 5 of the Act of 30 October 2002 on social insurance in respect of accidents at work and occupational diseases (Journal of laws No. 199, 1673), which entered into force on 1 January 2003.

[7] the Act repealed pursuant to art. 61, paragraph 6 of the Act of 30 October 2002 on social insurance in respect of accidents at work and occupational diseases (Journal of laws No. 199, 1673), which entered into force on 1 January 2003.

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