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§ 54. Size of benefit for temporary incapacity for work

(1)        The health insurance fund shall pay benefit for temporary incapacity for work to an insured person per calendar day as a percentage of his or her average income per calendar day, as follows:

1)         80 per cent in the event of receiving in-patient health services or nursing a child under 12 years of age in a hospital;

11)        80 per cent in the event of caring for a child under 3 years of age or for a disabled child under 16 years of age when the person caring for the child is himself or herself ill or is receiving obstetrical care;

(28.06.2004 entered into force 01.08.2004 - RT I 2004, 56, 400)

2)         80 per cent in the event of receiving out-patient health services, nursing a family member who is ill at home, refusal to perform work not corresponding to his or her state of health, temporary release from the performance of his or her duties, or quarantine;

(17.12.08 entered into force 1.07.09 - RT I 2009, 5, 35)

3)         100 per cent in the event of nursing a child under 12 years of age at home;

(28.06.2004 entered into force 01.08.2004 - RT I 2004, 56, 400)

4)         100 per cent in the event of pregnancy and maternity leave;

5)         100 per cent in the event of adoptive parents leave;

6)         100 per cent in the event of an illness or injury caused as a result of an occupational disease or an accident at work;

(28.06.2004 entered into force 01.08.2004 - RT I 2004, 56, 400)

7)         100 per cent in the event of preventing a criminal offence, protecting national or public interests or saving a human life.

(2)        Upon calculation of the size of a benefit, amounts of 50 cents or more shall be rounded to one kroon and amounts of less than 50 cents shall not be taken into account.

(3)        The amount of a benefit paid by the health insurance fund to an employee upon grant of work to him or her that corresponds to his or her state of health, upon his or her temporary transfer to another position or upon temporary easement of his or her conditions of service shall be such that the total amount of the benefit and the salary or wages received for the period, divided by the number of calendar days in the period, is equal to the insured person’s average income per calendar day.

(17.12.08 entered into force 1.07.09 - RT I 2009, 5, 35)

 

§ 55. Calculation of average income per calendar day

(1)        Average income per calendar day shall be calculated on the basis of the information concerning payment of social tax submitted by the Tax and Customs Board and the information certifying the right to receive a benefit as submitted by the persons specified in clause 5 (2) 1), 2), 4) or 5) or subsection 5 (3) of this Act.

(17.12.2003 entered into force 01.01.2004 - RT I 2003, 88, 591)

(2)        The average income of a person insured on the basis of clause 5 (2) 1) or 2) of this Act per calendar day is deemed to be equal to the income calculated on the basis of the social tax calculated for the insured person during the calendar year preceding the calendar year of the date on which release from the performance of his or her duties commenced as specified in the certificate of incapacity for work, divided by 365. The number of the days for which the insured person was temporarily released from the performance of his or her duties or economic or professional activity on the basis of a certificate of incapacity for work shall be deducted from the figure 365.

(28.06.2004 entered into force 01.08.2004 - RT I 2004, 56, 400)

(3)        If social tax was not paid for a person insured on the basis of clause 5 (2) 1) or 2) of this Act during the calendar year serving as the basis for calculation of his or her average income per calendar day, the average income per calendar day is deemed to be equal to the basic wages of the employee divided by 30, but not more than the amount of the minimum monthly wage established by the Government of the Republic and divided by 30. Calculation of average income per calendar day shall be based on the basic wages of the employee or the minimum monthly wage established by the Government of the Republic as applicable on the date preceding the date on which release from the performance of duties commenced as specified in the certificate of incapacity for work.

(4)        If average income per calendar day calculated pursuant to the procedure provided for in subsection (2) of this section is lower than average income per calendar day calculated pursuant to the procedure provided for in subsection (3) of this section, average income per calendar day shall be calculated pursuant to the procedure provided for in subsection (3) of this section.

(5)        The average income of a person insured on the basis of clause 5 (2) 4) or 5) or subsection 5 (3) of this Act per calendar day is deemed to be equal to the income calculated on the basis of the social tax paid by or for the insured person during the calendar year preceding the calendar year of the date specified in the certificate of incapacity for work as the date on which release from performance of the duties arising from a contract specified in clause 5 (2) 4) or 5) of this Act or from economic or professional activity commenced, divided by 365. The number of the days for which the insured person was temporarily released from the performance of his or her duties or economic or professional activity on the basis of a certificate of incapacity for work shall be deducted from the figure 365.

(28.06.2004 entered into force 01.08.2004 - RT I 2004, 56, 400)

(6)        If social tax was not paid for a person insured on the basis of clause 5 (2) 4) or 5) or subsection 5 (3) of this Act during the calendar year serving as the basis for calculation of his or her average income per calendar day, the average income per calendar day is deemed to be equal to the monthly rate provided for in subsection 2 (5) of the Social Tax Act, divided by 30. Average income per calendar day shall be calculated on the basis of the monthly rate provided for in subsection 2 (5) of the Social Tax Act which was applicable on the date preceding the date on which the person was released from the performance of his or her duties or from economic or professional activity.

(7)        The provisions of subsection (6) of this section do not apply if, on the date preceding the date on which release from the performance of duties commenced as specified in a certificate of incapacity for work, the insured person did not have the obligation to make advance payments of social tax.

(8)        If an insured person has the right to receive benefit for temporary incapacity for work on the basis of both subsection (2) and subsection (5) of this section, his or her average income per calendar day shall be calculated on the bases which is more favourable for the insured person.

(28.06.2004 entered into force 01.08.2004 - RT I 2004, 56, 400)