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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 02.04.2015.–31.12.2016.
Amendments not included: 30.11.2015., 23.11.2016., 20.12.2016., 16.11.2017.

Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

21 December 1995 [shall come into force from 19 January 1996];
19 June 1998 [shall come into force from 22 July 1998];
27 November 1998 (Constitutional Court judgment) [shall come into force from 27 November 1998];
23 November 2000 [shall come into force from 1 January 2001];
24 October 2002 [shall come into force from 1 January 2003];
12 December 2002 [shall come into force from 1 January 2003];
30 October 2003 [shall come into force from 13 November 2003];
22 January 2004 [shall come into force from 25 February 2004];
2 December 2004 [shall come into force from 1 January 2005];
8 November 2007 [shall come into force from 1 January 2008];
4 December 2008 [shall come into force from 1 January 2009];
11 December 2008 [shall come into force from 24 December 2008];
16 June 2009 [shall come into force from 1 July 2009];
1 December 2009 [shall come into force from 1 January 2010];
2 December 2010 [shall come into force from 4 January 2011];
14 April 2011 [shall come into force from 1 July 2011];
15 December 2011 [shall come into force from 1 January 2012];
15 November 2012 [shall come into force from 1 January 2013];
12 September 2013 [shall come into force from 1 January 2014];
6 November 2013 [shall come into force from 1 January 2014];
23 October 2014 [shall come into force from 13 November 2014];
5 March 2015 [shall come into force from 2 April 2015].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and
the President has proclaimed the following law:

On Maternity and Sickness Insurance

[19 June 1998]

Chapter I
General Provisions

Section 1. Terms Used in this Law

The following terms are used in this Law:

1) insurance event - an event of social risk that involves the loss of capacity for work or care for a child for a socially insured person if such person loses income as a result of such event or if he or she earns income, however requests parental benefit, as well as an event in which a person incurs expenses due to the death of a family member or due to the death of the socially insured person, and, furthermore, in accordance with the provisions of this Law, the abovementioned events have been recognised as events that create the right to a State social insurance benefit;

2) insurance contribution wage - income from which State social insurance contributions have been made in accordance with the Law On State Social Insurance;

3) benefit recipient - a person who has been granted a State social insurance benefit in accordance with the provisions of this Law;

4) dependant family member - a family member of a socially insured person, who, in accordance with the Law On State Pensions, would have the right to a survivor's pension in case of death of the socially insured person (hereinafter - insured person);

5) sick pay - income earned in paid labour that the employer disburses to an employee from the wage fund in case of his or her incapacity.

[19 June 1998; 23 November 2000; 8 November 2007; 16 June 2009; 23 October 2014]

Section 2. Purpose of this Law

The purpose of this Law is to regulate the procedures for granting, calculation and disbursement of State social insurance benefits in the insurance events provided for in this Law, as well as specify the persons who have the right to such benefits and the cases when the abovementioned right arises.

[19 June 1998]

Section 3. Types of State Social Insurance Benefits

(1) In accordance with this Law, the following types of State social insurance benefits (hereinafter - benefits) shall be granted and disbursed:

1) maternity benefit;

2) sickness benefit;

3) funeral allowance;

4) paternity benefit;

5) parental benefit.

(2) [19 June 1998]

[19 June 1998; 23 November 2000; 8 November 2007]

Section 4. Right to Maternity, Paternity, Parental and Sickness Benefits, and Funeral Allowance

(1) Persons who are socially insured in accordance with the Law On State Social Insurance have the right to maternity, paternity, parental, sickness and funeral allowances. Other persons have the right to a funeral allowance in case of death of the insured person.

(2) [27 November 1998]

[19 June 1998; 23 November 2000; 8 November 2007]

Chapter II
Maternity Benefit

Section 5. Insurance Events that Create the Right to Maternity Benefit, and the Time Period for Disbursement of Maternity Period

(1) A maternity benefit shall be granted and disbursed for the entire period of maternity leave if the woman is absent from work and thereby loses income to be earned from paid work or if a self-employed woman loses income.

(2) The 56 calendar days of prenatal leave and the 56 calendar days of maternity leave shall be aggregated and a maternity benefit shall be granted for 112 calendar days.

(3) A woman whose pregnancy-related medical care was commenced at a medical prophylactic institution up to the 12th week of pregnancy and was continued during the entire period of pregnancy shall be granted a benefit for a 14-day-long additional leave which shall be added to the maternity leave, and thereby the benefit shall be granted for the total of 70 calendar days.

(4) A woman shall be granted a benefit for a 14-day-long additional leave due to pregnancy or childbirth complications, or complications during the period following childbirth, as well as in cases where two or more children were born; such leave shall be added to maternity leave, and thereby the benefit shall be granted for the total of 70 calendar days.

(5) Maternity leave for women who have given birth before the prenatal leave was determined shall be paid in accordance with the procedures laid down in Paragraphs one to four of this Section.

(6) A woman who has relinquished the care and raising of a child in accordance with the procedures laid down in laws and regulations shall not be granted a benefit for the period of maternity leave.

[19 June 1998]

Section 6. Granting of Maternity Benefit to the Father of a Child or to Another Person

(1) A maternity benefit shall be granted for the entire period of childcare to the father of a child or to another person who actually takes care of the child, but not longer than up to the 70th day of the child's life in the following cases:

1) the mother of the child has died during childbirth or during the time period up to the 42nd day of the period following childbirth;

2) the mother has relinquished the care and raising of the child in accordance with the procedures laid down in laws and regulations;

3) a child is a foundling.

(2) If the mother cannot care for a child during the time period up to the 42nd day of the period following childbirth due to sickness, injury or other health-related reasons, the father or another person who actually takes care of the child at home shall be granted a maternity benefit for the days when the mother was not able to care for the child.

[19 June 1998; 2 December 2010]

Section 7. Granting of Maternity Benefit in Case of Adoption

[22 January 2004]

Section 8. Granting of Maternity Benefit to Women who have been Dismissed from Work due to the Liquidation of their Employer

Women who have been dismissed from work due to the liquidation of their employer shall be granted a maternity benefit in accordance with the general procedures if the right to maternity leave has set in not later than 210 days after the discharge from work.

[8 November 2007]

Section 9. Grounds for Granting of Maternity Benefit

Grounds for granting of maternity benefit shall be a sick-leave certificate issued in accordance with the procedures stipulated by the Cabinet.

[23 November 2000; 23 October 2014 / Amendments to Section shall come into force on 1 July 2015. See Paragraph 26 of Transitional Provisions]

Section 10. Amount of Maternity Benefit

A maternity benefit shall be granted in a 80 per cent amount of the average insurance contribution wage of the benefit recipient.

[19 June 1998; 15 December 2011]

Chapter II A
Paternity Benefit

[23 November 2000 / See Transitional Provisions]

Section 10.1 Cases of Granting Paternity Benefit and Time Period for Disbursement of Paternity Benefit

A paternity benefit shall be granted and disbursed to the father of a child for ten calendar days of the leave granted due to the birth of the child.

Section 10.2 Grounds for Granting of Paternity Benefit

A submission of the benefit claimant, information regarding registration of the father of the child and the fact of kinship of the child and a confirmation of the employer regarding the father being on leave due to the birth of a child shall be the grounds for granting a paternity benefit.

[2 December 2010]

Section 10.3 Amount of Paternity Benefit

A paternity benefit shall be granted in a 80 per cent amount of the average insurance contribution wage of the benefit recipient.

[8 November 2007; 15 December 2011]

Chapter II B
Parents' Benefit

[8 November 2007]

Section 104. Cases of Granting Parents' Benefit and Time Period for Disbursement of a Parents' Benefit

(1) Parents' benefit shall be granted and disbursed to a socially insured person who takes care of the child or several children born during one childbirth (to one of the parents of the child, one of adopters under the care and supervision of whom the child to be adopted has been placed with a decision of the Orphan's court before approval of the adoption in the court, a member of the foster family who has entered into an agreement with a local government, guardian or another person who in accordance with a decision of the Orphan's court actually takes care of and raises the child), if such person:

1) is employed on the day of granting of the benefit (is considered as an employee or self-employed person in accordance with the Law On State Social Insurance) and:

a) as one of parents of the child who has requested the parental benefit, is on a child care leave,

b) as one of adopters under the care and supervision of whom the child to be adopted has been placed with a decision of the Orphan's court before approval of the adoption in the court, as a member of the foster family who has entered into an agreement with a local government, as a guardian or another person who in accordance with a decision of the Orphan's court actually takes care of and raises the child, is on leave without retaining of work remuneration granted in relation to the necessity to take care of the child,

c) does not earn income as a self-employed person due to the child care;

2) is employed on the day of granting of the benefit (is considered as an employee or self-employed person in accordance with the Law On State Social Insurance) and is employed during the child care but is not on child care leave or leave without retaining of work remuneration which is granted in relation to the necessity to take care of the child, or earns income as a self-employed person during the child care.

(2) Parental benefit shall not be granted and disbursed concurrently with the childcare benefit to one of the persons referred to in Paragraph one of this Section for the same child and for the same period of time. Parental benefit shall not be granted for a child in relation to the birth or the care of which a maternity benefit has been granted for the same period of time.

(3) The right to parental benefit shall retain also in the case, if an employer in accordance with that laid down in the collective agreement or employment contract has disbursed supplements or bonuses to the person during a child care leave or leave without maintaining remuneration for work, which is granted in relation to the necessity to take care of the child, for work performance before granting of the leave or allowances and remuneration of other type which are not directly related to the work performance.

(4) Parental benefit may be selected for the same child in respect of one of the following periods of time:

1) for childcare up to the age of one year;

2) for childcare up to the age of one and a half year.

(5) A benefit recipient has no right to change disbursement period selected for the same child.

[16 June 2009; 1 December 2009; 2 December 2010; 15 December 2011; 6 November 2013; 23 October 2014]

Section 105. Grounds for Granting of Parental Benefit

A submission of the benefit claimant and information regarding registration of the fact of birth of a child shall be the grounds for granting of a parents' benefit.

[2 December 2010]

Section 106. Amount of Parental Benefit

(1) [1 October 2014 / See Paragraph 22 of Transitional Provisions]

(2) Parental benefit shall be granted to a benefit claimant who is on a child care leave or on leave without retaining of work remuneration which is granted in relation to the necessity to take care of the child, or who due to the childcare does not earn income as a self-employed person, in the following amount from the average insurance contribution wage of the benefit claimant:

1) in the amount of 60 per cent to a benefit claimant who has selected to receive it for childcare up to the age of one year;

2) in the amount of 43.75 per cent to a benefit claimant who has selected to receive it for childcare up to the age of one and a half year.

(3) Parental benefit shall be disbursed in the amount of 30 per cent of the amount of the benefit granted in accordance with the conditions of Paragraph two of this Section to a recipient of the benefit who is employed during the childcare, but is not on child care leave or earns income during the childcare as a self-employed.

[6 November 2013 / See Paragraphs 23 and 25 of Transitional Provisions]

Section 107. Termination of Disbursement of Parental Benefit

Disbursement of a parental benefit shall be terminated temporarily while a person receives an unemployment benefit. If upon granting of the unemployment benefit it is determined that the parents' benefit has been already disbursed for a person for the same period, the amount of unemployment benefit to be disbursed shall be reduced by the amount of the parents' benefit disbursed in this period.

[16 June 2009 / Section shall come into force on 1 January 2010. See Transitional Provisions]

Chapter III
Sickness Benefit

Section 11. Cases of Granting Sickness Benefit

A sickness benefit shall be granted if a person is absent from work and thereby loses paid labour income or if a self-employed person loses income due to the following reasons:

1) loss of capacity for work due to sickness or injury;

2) a need to receive medical assistance of therapeutic or prophylactic nature;

3) isolation is necessary due to quarantine;

4) treatment in a medical treatment institution during the period of recuperation after a sickness or injury, if such treatment is required in order to restore capacity for work;

5) nursing of a sick child aged up to 14 years;

6) prosthetics or orthotics in a hospital.

[19 June 1998; 2 December 2004; 16 June 2009]

Section 12. Grounds for Granting of Sickness Benefit

Grounds for granting of sickness benefit shall be a sick-leave certificate issued in accordance with the procedures stipulated by the Cabinet.

[19 June 1998; 23 November 2000; 23 October 2014 / Amendments to Section shall come into force on 1 July 2015. See Paragraph 26 of Transitional Provisions]

Section 13. Time Period for Disbursement of Sickness Benefit

(1) A sickness benefit shall be granted and disbursed for the time period from the 11th day of incapacity for work until the day the capacity for work is restored, but not longer than for 26 weeks, counting from the first day of incapacity for work if incapacity is continuous, or not longer than for 52 weeks in a period of three years if incapacity for work recurs with intervals.

(2) A sickness benefit for nursing of a sick child aged up to 14 years shall be granted and disbursed for a period of time form the first day of the incapacity for work until the 21st day of the incapacity for work. The benefit shall be disbursed for a period of time until 14th day of the incapacity for work, if the child is nursed at home, for a period of time until 21st day of the incapacity for work, if the child is nursed also in a hospital.

(3) On the basis of the State Medical Commission for the Assessment of Health Condition and Working Ability opinion, a sickness benefit, if it is necessary for the provision of wholesome treatment, shall be granted and disbursed also for a continuous period of incapacity for work which continuous after the 26 weeks specified in Paragraph one of this Section, but not longer than 52 weeks, counting from the first day of incapacity for work.

[23 November 2000; 2 December 2004; 4 December 2008; 16 June 2009]

Section 14. Special Cases in Granting of Sickness Benefits

If incapacity for work has occurred as a result of contraction of tuberculosis, a sickness benefit shall be granted and disbursed for the time period until the recovery of the capacity for work or the day disability is determined.

Section 15. Granting of Sickness Benefit to Persons whose Incapacity for Work Occurred within a Period of One Month after the Expiry of the Period of State Social Insurance Contributions

(1) A sickness benefit for the time period from the 11th day of incapacity for work shall be granted and disbursed to a person whose incapacity for work occurred within a period of one month after the expiry of the period of State social insurance contributions if such person has been insured for the last two months prior to the expiry of the period of such contributions.

(2) Paragraph one of this Section is not applicable to cases where incapacity for work has occurred due to the nursing of a sick child.

(3) If a person specified in Paragraph one of this Section has the right to sickness benefit and unemployment benefit at the same time, only the sickness benefit shall be disbursed until recovery of capacity for work.

[19 June 1998; 11 December 2008; 4 December 2008]

Section 16. Granting of a Sickness Benefit to Persons whose Incapacity for Work Occurred when Such Persons were on Leave without Retaining of Work Remuneration

(1) [23 October 2014]

(2) If incapacity for work has occurred during the time when a person was on leave without retaining of work remuneration, a sickness benefit shall be granted as of the 11th day of incapacity for work, but not earlier than the day when the person had to report for work after the end of the leave.

[19 June 1998; 8 November 2007; 4 December 2008; 23 October 2014]

Section 17. Amount of Sickness Benefit

A sickness benefit shall be granted in an 80 per cent amount of the average insurance contribution wage of the benefit recipient.

[19 June 1998]

Section 18. Cases when Sickness Benefit is not Granted

A sickness benefit shall not be granted if:

1) a person earns income as an employee or self-employed person during incapacity for work;

2) incapacity for work has occurred to a person while such person was committing a crime, or as a result of such crime and such fact has been determined by a court;

3) a person has deliberately and significantly harmed his or her own health or the health of persons under care and such fact has been determined by a doctor;

4) a person has attempted to obtain the benefit by fraud and such fact has been determined by a doctor or the State Social Insurance Agency.

[19 June 1998; 23 November 2000; 16 June 2009]

Section 19. Cases when Disbursement of Sickness Benefit is Terminated

(1) The disbursement of a benefit to a person who has not complied with the regimen prescribed by a doctor without a plausible reason during the period of incapacity for work or has not visited a doctor or commission of physicians for work capacity examination without a plausible reason shall be terminated for the subsequent period, beginning with the day of the infringement.

(2) The State Social Insurance Agency shall take a decision to terminate or renew disbursement of a benefit on the basis of a recommendation of a doctor.

[19 June 1998]

Chapter IV
Funeral Benefit

Section 20. Insurance Events that Create the Right to Funeral Allowance

(1) A funeral allowance shall be granted:

1) in case of death of the insured person;

2) in case of death of a dependant family member of the insured person.

(2) A funeral allowance shall be granted also in the case where the death of the insured person or his or her dependant family member has occurred within a period of one month after the expiry of the period of State social insurance contributions and the person has been insured for the last two months prior to the expiry of the period of such contributions.

[19 June 1998]

Section 21. Persons who have the Right to Receive a Funeral Allowance

A funeral allowance shall be granted and disbursed to:

1) the insured person in case of death of his or her dependant family member;

2) in case of death of the insured person - to a family member of the insured person or to the person who actually handled the funeral.

Section 22. Grounds for Granting of Funeral Allowance

Grounds for granting of funeral allowance shall be a submission of the benefit claimant and information regarding registration of the fact of death of the insured person or a dependant family member of the insured person.

[2 December 2010]

Section 23. Amount of Funeral Allowance

(1) In case of death of the insured person, a benefit shall be granted and disbursed in the amount of such total sum that corresponds to a double amount of the monthly average insurance contribution wage of the deceased person, but not less than the monthly average insurance contribution wage that has been specified in the State.

(2) In case of death of a dependant family member of the insured person, a benefit shall be granted and disbursed in the amount of such total sum that corresponds to a triple amount of the State social security benefit which was effective on the day of the death of the family member.

(3) If in case of death of the insured person there is the right to receive funeral allowance in accordance with the norms of this Law and other laws which determine disbursement of the funeral allowance in case of death of the recipient of old-age pension, disability pension, survivor's pension or service pension, the highest benefit in terms of amount shall be granted and disbursed.

[19 June 1998; 23 November 2000; 24 October 2002; 12 December 2002; 8 November 2007; 2 December 2010]

Chapter V
Claiming, Granting and Payment of Benefits

Section 24. Organisation of the Granting and Disbursement of Benefits

The State Social Insurance Agency performs the granting, calculation and disbursement of benefits in accordance with the procedures stipulated by the Cabinet.

[19 June 1998]

Section 25. Time Periods for Claiming a Benefit

(1) A benefit shall be claimed within six months from the day when an insurance event occurred.

(2) The calculated amounts of a benefit that the benefit recipient has not received on time shall be disbursed for the past period, but not longer than 12 months from the day when the non-received benefit was claimed.

[19 June 1998; 23 October 2014 / Amendments to Paragraph one in respect of replacement of the number "12" with the word "six" shall come into force on 1 January 2016. See Paragraph 27 of Transitional Provisions]

Section 26. Procedures for Claiming a Benefit

(1) A benefit claimant shall submit documents that have been recognised as the grounds for the granting of the relevant benefit in accordance with the provisions of this Law in person or through an authorised person to any division of the State Social Insurance Agency.

(2) [19 June 1998]

[19 June 1998; 8 November 2007]

Section 27. Time Periods for Granting of a Benefit

A benefit shall be granted within 10 days after the State Social Insurance Agency receives the documents and other information necessary for the granting of the benefit.

[19 June 1998; 2 December 2010]

Section 28. Disbursement of State Social Insurance Benefits to Persons who have the Right to State Pension

[19 June 1998]

Section 29. Cases where State Social Insurance Benefits are not Granted or the Disbursement thereof is Suspended

(1) State social insurance benefits shall not be granted or the disbursement of previously granted benefits shall be suspended temporarily while a recipient of benefit or a child, for the care of whom a benefit is being paid, are under full State maintenance.

(2) State social insurance benefits shall not be granted or the disbursement of previously granted benefits shall be suspended for the time period when a person is under arrest or in a prison.

[16 June 2009]

Section 30. Disbursement of Benefits not received Due to the Death of the Benefit Recipient

(1) In case of death of a benefit recipient, the spouse and relatives of the first and second degree of the benefit recipient have the right to receive the amounts of benefits that have been granted or which are due but have not been disbursed.

(2) If several persons claim a non-disbursed benefit, the benefit shall be disbursed in equal parts to all claimants who have the right to such benefit in accordance with Paragraph one of this Section.

(3) A person who has the right to a non-received benefit on the grounds of the death of the benefit recipient may claim such benefit within six months after the death of the benefit recipient. The non-disbursed benefit shall be disbursed within a period of 10 days after claiming thereof.

[19 June 1998; 23 October 2014 / Amendments in Paragraph three in respect of replacement of the words "one year" with the words "six months" shall come into force on 1 January 2016. See Paragraph 27 of Transitional Provisions]

Chapter VI
Average Insurance Contribution Wage for the Calculation of State Social Insurance Benefit

[19 June 1998 / See Transitional Provision]

Section 31. Determination of the Average Insurance Contribution Wage for the Calculation of a State Social Insurance Benefit

(1) The average insurance contribution wage for the calculation of a State social insurance benefit shall be determined from the insurance contribution wage of the insured person for a 12-calendar-month period, concluding such period two calendar months prior to the month when an insurance event occurred, except the cases specified in Section 32 of this Law.

(2) If an insured person:

1) has not had an insurance contribution wage during the time period provided for in Paragraph one of this Section and Section 32 of this Law for determination of the average insurance contribution wage because such person was not registered as a performer of State social insurance contributions or has been on leave without retaining of work remuneration, then, in calculating a State social insurance benefit (except a maternity and paternity benefit), the average insurance contribution wage for the abovementioned period shall be determined in the amount of 40 per cent of the monthly average insurance contribution wage determined in the State. In calculating a maternity or paternity benefit, the average insurance contribution wage for the abovementioned period, as well as for the period when a person has not had an insurance contribution wage due to a leave without maintaining remuneration for work, except a leave without maintaining remuneration for work which is granted in relation to the necessity to take care of the child, shall be determined in the amount of 70 per cent of the monthly average insurance contribution wage determined in the State;

2) has not had an insurance contribution wage during the time period provided for in Paragraph one of this Section and Section 32 of this Law for determination of the average insurance contribution wage due to a maternity leave, child care leave, leave without maintaining remuneration for work which is granted in relation to the necessity to take care of the child, leave for the farther of the child or due to temporary incapacity for work, then, in calculating a State social insurance benefit, the average insurance contribution wage shall be determined for the previous 12-month period provided for in Paragraph one of this Section and in Section 32 of this Law, providing for a possibility to determine the average insurance contribution wage for an employee for a 12-month period within 32 calendar months prior to the month when an insurance event occurred, accordingly, and for a self-employed person - for a 12-month period within 39 calendar months prior to the quarter when an insurance event occurred, accordingly. In such case, the average insurance contribution wage may not be less than the amount specified in Paragraph two, Clause 1 of this Section;

3) has not had an insurance contribution wage during the 32 or 39 calendar month period provided for in Clause 2 of this Paragraph, then, in calculating a State social insurance benefit (except for a maternity and paternity benefit), the average insurance contribution wage for the time period provided for in Paragraph one of this Section and Section 32 of this Law for determination of the average insurance contribution wage shall be specified in the amount of 40 per cent of the monthly average insurance contribution wage specified in the State. In calculating a maternity or paternity benefit, the average insurance contribution wage for the abovementioned period shall be specified in the amount of 70 per cent of the monthly average insurance contribution wage specified in the State.

(3) The Cabinet shall determine the procedures for calculating the average insurance contribution wage for the calculation of State social insurance benefits.

(4) The average insurance contribution wage of a calendar day for the calculation of benefits may not exceed 1/365 of the maximum annual amount of the mandatory State social insurance contributions object that was in effect on the day when an insurance event occurred.

(5) The average insurance contribution wage in the State for a reporting period shall be calculated by the State Social Insurance Agency on the basis of the data at the disposal thereof regarding the amount of insurance contribution wages of socially insured persons within a reporting period from which insurance contributions have been or had to be performed, and the number of those months within this period for which insurance contributions have been or had to be performed for insured persons.

(6) If an insured person was not registered as a performer of State social insurance contributions or was on leave without retaining of work remuneration during a part of the time period provided for in Paragraph one of this Section and Section 32 of this Law for determination of the average insurance contribution wage, then, in calculating a State social insurance benefit (except for a maternity and paternity benefit), the average insurance contribution wage for such part of the time period shall be determined in the amount of 40 per cent of the monthly average insurance contribution wage determined in the State. In calculating a maternity or paternity benefit, the average insurance contribution wage for the abovementioned part of a period, as well as for a part of the period when a person has not had an insurance contribution wage due to a leave without maintaining remuneration for work, except a leave without maintaining remuneration for work which is granted in relation to the necessity to take care of the child, shall be determined in the amount of 70 per cent of the monthly average insurance contribution wage determined in the State.

(7) If an insured person has not had an insurance contribution wage due to temporary incapacity for work, maternity leave, leave for the father of the child, leave without maintaining remuneration for work which is granted in relation to the necessity to take care of the child or child care leave during a part of the time period provided for in Paragraph one of this Section and Section 32 of this Law for determination of the average insurance contribution wage, the average insurance contribution wage shall be determined by excluding the days of temporary incapacity for work, maternity leave, leave for the father of the child, leave without maintaining remuneration for work which is granted in relation to the necessity to take care of the child or child care leave from the time period for determination of the average insurance contribution wage.

(8) In all cases when the insurance contribution wage and the amount of a State social insurance benefit in accordance with this Law shall be determined from the average insurance contribution wage in the State, it shall be determined from the average insurance contribution wage in the State which is determined for a 12 months period of a calendar year terminating this period one calendar year prior the year when the case of insurance has occurred.

(9) For an employee of a micro-enterprise the average insurance contribution wage for calculation of the State social insurance benefit shall be determined from the object of mandatory contributions of State social insurance of the relevant months which is calculated in conformity with Section 9, Paragraph two of the Micro-enterprise Tax Law.

[19 June 1998; 23 November 2000; 24 October 2002; 2 December 2004; 8 November 2007; 16 June 2009; 1 December 2009; 15 December 2011; 23 October 2014]

Section 32. Determination of the Average Insurance Contribution Wage for the Calculation of a State Social Insurance Benefit for Self-employed Persons

For a self-employed person, the average insurance contribution wage for the calculation of a State social insurance benefit shall be determined from the insurance contribution wage for a 12-calendar-month period, concluding such period three calendar months prior to the quarter when an insurance event occurred.

[19 June 1998 / See Transitional Provision]

Chapter VII
Additional Provisions

Section 33. Funds for Disbursement of Maternity, Paternity, Parents' and Sickness Benefits, and Funeral Allowances

Maternity, paternity, parents', sickness and funeral allowances shall be disbursed from the special budget of disability, maternity and sickness benefits.

[8 November 2007]

Section 331. Funds for the State Basic Budget for Disbursement of Parental Benefit in Minimum Amount

A difference between the amount necessary for the disbursement of parental benefit for a person for whom the parental benefit is disbursed in the minimum amount laid down in Section 10.6 of this Law and the amount which complies with 70 per cent per month of the doubled amount of the State social security benefit in force on the day of requesting the parental benefit, or the amount which is calculated in the amount of 70 per cent of the average insurance contribution wage of the benefit recipient, if it exceeds 70 percent per month of the doubled amount of the State social security benefit in force on the day of requesting the parental benefit, shall be ensured from the State basic budget subsidy in accordance with the law on the State budget for a current year, by including it in the special budget of disability, maternity and sickness.

[15 November 2012]

Section 34. Deductions from Maternity, Paternity, Parents' and Sickness Benefits, and Funeral Allowances and Recovery of Overpaid Benefits

(1) Deductions from maternity and sickness benefits may be made:

1) on the basis of court rulings and decisions of other institutions (officials), which are enforced in compliance with the law in accordance with the procedures laid down for the enforcement of court rulings;

2) on the basis of decisions of State institutions (officials) that shall be implemented on an uncontested basis;

3) on the basis of a decision of an official of the division of the State Social Insurance Agency in order to recover such amounts of benefits which have been overpaid to the benefit recipient due to his or her fault, if he or she has submitted documents with deliberately false information, provided false or incomplete information or has not notified regarding changes that affect the right to the benefit, the amount and conditions for disbursement thereof;

4) if the State Social Insurance Agency establishes that income is registered for a person as an employee (also employee in a micro-enterprise) or self-employed person during the receipt of sickness, maternity, paternity or parental benefit and thus such person has received the benefit without justification (or parental benefit has been granted as for a person who is not employed), the State Social Insurance Agency shall take a decision to recover the amount of overpaid benefit on the basis of information of the State Revenue Service regarding time periods during which income is registered for the person;

5) if, in enforcement of the relevant court judgement, settlement with the employer approved by the court or decision taken by a relevant State administrative institution, a person is reinstated in work and employer has disbursed remuneration for forced absence from work which matches the period of time of receipt of the sickness or parental benefit, and thus overpayment of the sickness, maternity or parental benefit has established for such person, the person has a duty to repay the overpaid amounts of sickness, maternity and parental benefit.

(2) No deductions shall be made from funeral allowances.

(3) Overpaid benefit amounts shall be recovered in accordance with the procedures and amount laid down in the Law On State Social Insurance.

[19 June 1998; 8 November 2007; 5 March 2015]

Section 35. Imposing Taxes on Benefits

(1) Taxes shall be imposed on State social insurance benefits in accordance with the procedures laid down in law.

(2) No tax shall be imposed on a funeral allowance.

Section 36. Obligations of Employers

(1) An employer has a duty to disburse sick pay from his or her resources to employees who have incurred temporary incapacity for work, certified by a sick-leave certificate issued in accordance with the procedures stipulated by the Cabinet (except incapacity for work that is related to pregnancy and childbirth, and nursing a sick child) in an amount that is not less than 75 per cent of the average earnings for the second and third days of temporary incapacity and in an amount that is not less than 80 per cent - for the time period from the fourth day of incapacity for work but not longer than 10 calendar days. Sick pay shall be calculated for the days (hours) of incapacity for work in which employee would have to work. For employees for whom aggregated working time is determined (aggregated time for performance of service duties) and monthly salary (wage) of which is not depending on actually worked number of hours in a particular month, an employer may, by taking into account the specifics of the work (service), determine that a sick pay is calculated for calendar working days during a period of incapacity for work. Sick pay shall be disbursed in conformity with the provisions which are provided for in the Labour Law for the disbursement of work remuneration.

(2) At the request of an employee or the State Social Insurance Agency, an employer has a duty to issue a certification regarding the absence of the employee from work or other information related to the circumstances of an employment contract that is necessary in order to decide the matter regarding the right of the employee to a State social insurance benefit and determine the amount thereof.

[19 June 1998; 24 October 2002; 8 November 2007; 4 December 2008; 23 November 2014; 5 March 2015 / Amendments to Paragraph one in respect of replacement of the words "sick leave certificate" with the words "sick-leave certificate" shall come into force on 1 July 2015. See Paragraph 26 of Transitional Provisions]

Section 37. Cases where Sick Pay is not Granted or the Disbursement thereof is Terminated

(1) An employer shall not grant sick pay if an employee has committed the infringements referred to in Section 18 of this Law.

(2) An employer shall terminate the disbursement of sick pay if an employee has committed the infringements referred to in Section 19, Paragraph one of this Law.

[19 June 1998]

Section 38. Contesting and Appealing the Decisions of the State Social Insurance Agency

A decision of an official of the division of the State Social Insurance Agency to grant, calculate, disburse a State social insurance benefit or to refuse to grant it may be contested within a month from the day of entering into effect of the relevant decision upon submission of the relevant submission to the Director of the State Social Insurance Agency. The decision of the Director of the State Social Insurance Agency may be appealed to the court within a month from the day of entering into effect of the decision of the director.

[8 November 2007]

Transitional Provisions

1. The amendments to this Law to the title of Chapter VI and to Sections 31 and 32 shall come into force on 1 August 1998.

[19 June 1998]

2. Until 31 December 2003:

1) the amount of the funeral allowance specified in Section 23, Paragraph one of this Law may not be less than 150 LVL;

2) the amount of the funeral allowance specified in Section 23, Paragraph two of this Law shall be 100 LVL;

3) in the cases specified in Section 31, Paragraph two of this Law, a State social insurance benefit shall be calculated from 50 LVL;

4) [30 October 2003].

[12 December 2002; 30 October 2003]

3. The provisions of Sections 3 and 4 of this Law in respect to a paternity benefit and Chapter II A of this Law shall come into force on 1 January 2004.

[12 December 2002]

4. For employed persons (persons which are considered as employees or self-employed persons in accordance with the Law On State Social Insurance), for whom a childcare benefit for the care of child in the age up to one year pursuant to the State Social Benefit Law has been granted or for whom the right to such benefit has occurred until 31 December 2007, a parents' benefit shall be disbursed instead of such benefit from the special budget of disability, maternity and sickness.

[8 November 2007]

5. Until 31 October 2010 average insurance contribution wage for the determination of the amount of parents' benefit shall be calculated in the following way from the person's insurance contribution wage from which the State social insurance contributions has been performed or had to be performed for parents' insurance:

1) for an employee - from the person's insurance contribution wage for the period of 12 calendar months ending this period three calendar months prior to the month when a child is born using the following formula:

Vmēn = (A1 + A2 ... + A12) : 12

Vmēn - average insurance contribution wage,

A1, A2 ... - sum of insurance contribution wage earned within the relevant calendar month of the specified period of 12 calendar months;

12 - number of months;

2) for a self-employed person - from the person's insurance contribution wage for the period of 12 months ending this period three calendar months prior the quarter of the year in which a child is born, using the following formula:

Vmēn = (A1 + A2 ... + A12) : 12

Vmēn - average insurance contribution wage,

A1, A2 ... - sum of insurance contribution wage earned within the relevant calendar month of the specified period of 12 calendar months;

12 - number of months;

3) for a person who is in the status of an employee and a self-employed person at the same time, the average insurance contribution wage shall be calculated by summing the separately calculated average insurance contribution wage earned in the status of an employee and the separately calculated average insurance contribution wage earned in the status of a self-employed person;

4) monthly average insurance contribution wage for determination of the amount of parent's benefit may not exceed 1/12 part of the maximum annual amount of the mandatory State social insurance contributions object in the last calendar year for which this wage subject to contributions is calculated.

[8 November 2007; 16 June 2009; 1 December 2009]

6. Amendments to Section 10.3 of this Law which provide that a paternity benefit shall be granted in the amount of 100 per cent of the average insurance contribution wage of a benefit recipient, amendments to Section 31, Paragraph two, Clause 1 and 3 which provide that in calculating a maternity and paternity benefit the average insurance contribution wage for the abovementioned period shall be determined in the amount of 70 per cent of the average insurance contribution wage specified in the State, and the amendments to Section 31, Paragraph six which provide that in calculating a maternity and paternity benefit the average insurance contribution wage for the abovementioned part of the period shall be determined in the amount of 70 per cent of the average insurance contribution wage specified in the State shall come into force on 1 January 2009.

[8 November 2007]

7. For an employee for whom in accordance with the sick-leave certificate issued in accordance with the procedures stipulated by the Cabinet the right to sick pay to be paid by an employer has incurred until 31 December 2008 and incapacity for work continues uninterruptedly after 1 January 2009, the sick pay for temporary incapacity for work shall be continued to be paid by the employer starting from the 11th calendar day until the 14th calendar day.

[4 December 2008]

8. The restriction of the average insurance contribution wage of a calendar day provided for in Section 31, Paragraph four of this Law and the restriction of the monthly average insurance contribution wage provided for in Paragraph 5, Clause 4 of Transitional Provisions of this Law which is determined in relation to the maximum annual amount of the mandatory State social insurance contributions object shall not be applied to the insurance contribution wage gained during the time period from 1 January 2009 until 31 December 2013.

[4 December 2008]

9. A sickness benefit shall be granted and disbursed until the end of the period of the incapacity for work, but not longer than for 52 weeks, counting from the first day of incapacity for work, or not longer than for 78 weeks in a period of three years if incapacity for work recurs with intervals for a person for whom the right to a sickness benefit has occurred until 30 June 2009 in accordance with a sick-leave certificate issued in accordance with the procedures stipulated by the Cabinet and the period of temporary incapacity for work continues after 1 July 2009.

[16 June 2009]

10. Average insurance contribution wage for the determination of the amount of a parents' benefit for a person to whom a child has been born until 31 March 2009 shall be calculated in accordance with Paragraph 5 of these Transitional Provisions not applying the provision regarding the person's insurance contribution wage from which the State social insurance contributions has been performed or had to be performed for parents' insurance.

[16 June 2009]

11. For a child who has been born until 30 June 2009 or within 306 days starting from 1 July 2009 a parents' benefit shall be granted also for a person who is employed during the care for a child or earns income as a self-employed person.

[16 June 2009]

12. Until 2 May 2010 an insurance event within the meaning of this Law is also an event when expenses are caused for a person due to the care for a child.

[16 June 2009]

13. For an employee for whom a temporary incapacity for work has occurred until 31 December 2009 and it continues uninterruptedly after 1 January 2010, the average insurance contribution wage for the determination of the amount of a State social insurance benefit shall be calculated from the insurance contribution wage for a period of six calendar months ending this period two calendar months before the month in which an insurance event has occurred.

[16 June 2009]

14. Amendments to Section 31, Paragraph one and Paragraph two, Clause 2 of this Law in respect of changes to the period of the insurance contribution wage from six to 12 months shall come into force on 1 January 2010.

[16 June 2009]

15. For an employee for whom a temporary incapacity for work has occurred until 30 June 2009 and it continues uninterruptedly after 1 July 2009, a sickness benefit shall be granted and disbursed also in such case, if the person earns income as an employee in some of his or her workplaces during incapacity for work at the same time not working in at least one workplace, or earns income as a self-employed person.

[16 June 2009]

16. Section 10.7 of this Law shall come into force on 1 January 2010.

[16 June 2009]

17. During a time period from 1 July 2009 until 2 May 2010 a parents' benefit determined in accordance with this Law shall be disbursed in compliance with the Law On Payment of State Pensions and State Benefits During the Time Period from 2009 until 2012 for a person who earns income as an employee or a self-employed person during the care for a child.

[16 June 2009]

18. Until 31 December 2014 a sickness benefit determined in accordance with this Law shall be disbursed in the amount specified in the Law On Payment of State Benefits During the Time Period from 2009 until 2014.

[14 April 2011]

19. Until 31 December 2014 a maternity and paternity benefit determined in accordance with this Law shall be disbursed in the amount specified in the Law On Payment of State Benefits During the Time Period from 2009 until 2014.

[14 April 2011]

20. Until 31 December 2014 a parents' benefit determined in accordance with this Law which is granted for a child born after 2 November 2010 shall be disbursed in the amount specified in the Law On Payment of State Benefits During the Time Period from 2009 until 2014.

[14 April 2011]

21. A person for whom the amount of parental benefit granted until 31 December 2012 is less than the minimum amount of benefit laid down in Section 10.6 of this Law and disbursement of which is continued without interruption after 1 January 2013, the State Social Insurance Agency shall, from 1 January 2013, re-calculate the amount of parental benefit, by determining it in the minimum amount which was determined from 1 January 2013, and disburse the difference by 1 April 2013.

[15 November 2012]

22. Section 10,6, Paragraph one of this Law shall be in force until 30 September 2014.

[6 November 2013]

23. Amendments in respect of new wording of Section 10.4, Paragraphs one and two, Section 10.4, Paragraphs four and five, and also Section 10.6, Paragraphs two and three of this Law shall come into force on 1 October 2014.

[6 November 2013]

24. A benefit recipient for whom the parental benefit in the amount of 70 per cent of average insurance contribution wage of the benefit recipient granted until 30 September 2014, for a period of the child care which continues from 1 October 2014 also if disbursement of the benefit is terminated, and the parental benefit for a child who has not reached the age of one year is granted anew, the disbursement of such benefit in the determined amount and in accordance with the determined procedures shall be continued until the age of one year of the child, but from the age of one year until the age of one and half-year a money benefit EUR 100 per month shall be granted, by ensuring the disbursement in accordance with the law on the State budget for the current year from the State basic budget subsidy which is included in the special budget of disability, maternity and sickness.

[6 November 2013; 23 October 2014]

25. A benefit recipient for whom the amount of parental benefit granted until 31 December 2013 is less than the minimum amount of benefit laid down in Section 10.6, Paragraph one of this Law and disbursement of which is continued without interruption after 1 January 2014, the State Social Insurance Agency shall, from 1 January 2014, re-calculate the amount of parental benefit, by determining it in the minimum amount which was determined from 1 January 2014, and disburse the difference until 30 April 2014.

[6 November 2013]

26. Amendments to Sections 9 and 12 and Section 36, Paragraph one of this Law regarding refusal of a confirmation by the employer and self-employed person on a sick-leave certificate shall come into force on 1 July 2015. If the sick-leave certificate has been issued up to 30 June 2015 and submitted to the State Social Insurance Agency after 30 June 2015, it requires a confirmation by the employer regarding the absence from work of the employee or confirmation by the self-employed person regarding incapacity to work during the period of incapacity for work.

[23 October 2014]

27. Amendment to Section 25, Paragraph one of this Law in respect of replacement of the number "12" with the word "six" and amendment to Section 30, Paragraph three of this Law in respect of the replacement of the word "year" with the words "six months" shall come into force on 1 January 2016.

[23 October 2014]

The Law shall come into force on 1 January 1997.

[21 December 1995]

This Law has been adopted by the Saeima on 6 November 1995.

President G. Ulmanis

Riga, 23 November 1995

 


1 The Parliament of the Republic of Latvia

Translation © 2017 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Saeima Type: law Adoption: 06.11.1995.Entry into force: 01.01.1997.Theme:  Social protectionPublication: Latvijas Vēstnesis, 182 (465), 23.11.1995.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1, 11.01.1996.
Language:
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