§ 58. Period of time serving as basis for calculation of maternity benefit or adoption benefit

(1)        A pregnant woman has the right to receive maternity benefit on the basis of a certificate for maternity leave for 140 calendar days if the pregnancy and maternity leave of the woman commences at least 30 calendar days before the estimated date of delivery as determined by a doctor. The number of the days by which the pregnancy and maternity leave of the woman commences later than the term provided for in this subsection shall be deducted from the period for which the woman has the right to receive maternity benefit.

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

(2)        If a pregnant woman has been granted work that correspond to her state of health or if the conditions of employment or service of a pregnant woman have been eased during her pregnancy, the woman has the right to receive maternity benefit for 140 calendar days if the pregnancy and maternity leave of the woman commences at least 70 calendar days before the estimated date of delivery as determined by a doctor. The number of the days by which the pregnancy and maternity leave of the woman commences later than the term provided for in this subsection shall be deducted from the period for which the woman has the right to receive maternity benefit.

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

(3)        The persons specified in clause 5 (2) 4) or 5) or subsection 5 (3) of this Act have the right to receive maternity benefit for 140 calendar days. The number of the days by which the certificate for maternity leave is issued later than the term provided for in subsection (1) of this section shall be deducted from the period for which the woman has the right to receive maternity benefit.

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

(4)        One person adopting a child under 10 years of age has the right to receive adoption benefit for 70 calendar days on the basis of a certificate for adoption leave.

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

 

§ 59. Period of time serving as basis for calculation of care benefit

(1)        An insured person has the right to receive care benefit on the basis of a certificate for care leave for up to 14 calendar days in the event of nursing a child under 12 years of age or for up to seven calendar days in the event of nursing another family member at home.

(2)        On the basis of a certificate for care leave, an insured person has the right to receive care benefit for up to ten calendar days in the event of caring for a child under 3 years of age or for a disabled child under 16 years of age if the person caring for the child is himself or herself ill or is receiving obstetrical care.

(3)        If a certificate for care leave is issued to several persons caring for one and the same person, the persons have the right to receive care benefit for not more than the total number of the calendar days specified in subsections (1) and (2) of this section.

 

§ 60. Restriction on right to receive benefit for temporary incapacity for work

(1)        An insured person does not have the right to receive benefit for temporary incapacity for work if:

1)         the illness or injury of the insured person or the person being nursed is caused by the intent of the person;

2)         the illness or injury of the insured person or the person being nursed is caused by a state of intoxication ascertained pursuant to the procedure established on the basis of the Traffic Act (RT I 2001, 3, 6; 2002, 90, 521; 92, 531; 105, 613; 110, 654 and 655; 2003, 26, 156; 32, correction notice; 78, 522; 2004, 30, 208; 46, 329) or by an examination conducted by a doctor;

3)         the insured person or the person being nursed fails to comply with the medically justified treatment prescribed by a doctor, as a result of which the recovery of the person is hindered;

4)         the insured person fails to appear at a doctor's consultation at the prescribed time without good reason;

5)         the insured person receives income subject to social tax specified in clause 2 (1) 1) or 3) of the Social Tax Act for the period of the temporary incapacity for work;

6)         (Repealed - 16.12.04 entered into force 1.01.05 - RT I 2004, 89, 614)

(2)        If an insured person or a person being cared for performs his or her duties or is engaged in business during his or her temporary incapacity for work, the person loses the right to receive benefit for temporary incapacity for work as of the date on which he or she commenced performing the duties or engaging in business.

(3)        If an insured person or a person being cared for fails to appear at a doctor's consultation at the prescribed time without good reason, the person shall lose the right to receive benefit for temporary incapacity for work as of the date of his or her failure to appear at the consultation.

(4)        An insured person does not have the right to receive benefit for temporary incapacity for work if the temporary incapacity for work commences at a time when the insured person is:

1)         on holiday;

2)         on care leave during a holiday.

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

3)         on parental leave;

4)         on holiday with partial pay;

5)         on adoptive parents leave.

(5)        In the cases listed in subsection (4) of this section, the insured person acquires the right to receive benefit as of the day when he or she assumes or is required to assume his or her duties.

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

 (6)       An insured person who has the right to receive maternity benefit or adoption benefit does not have the right to receive sickness benefit or care benefit for the same period. An insured person who has the right to receive sickness benefit does not have the right to receive care benefit for the same period.