Already in September 2021, a law was published in the Collection of Laws, which changes some parameters of nursing and paternity allowance. As these are also work-related obstacles, it is essential that the payroll accountant is aware of these changes.
Long-term nursing allowance will now require at least 4 days of hospitalization (currently it is 7 days).
For traditional nursing allowance, the range of persons who are not required to share a household will be extended. It is now the case that only when a child under 10 years of age is being cared for by a parent, the shared household is not required. A father who does not live with his child in this way is entitled to the nursing allowance. However, other persons can be nursed, but if the employee wants to receive nursing allowance, he or she must live in the shared household with the person being nursed. This will change from 1 January 2022 for direct relatives – i.e. parent and child (regardless of age), grandparent and grandchild etc. The shared household condition will also no longer need to be met between spouses, registered partners, siblings, parents of a spouse or parents of a registered partner.
Just to remind you, these people (except for a child under 10) can only be nursed if their medical condition absolutely requires it. This does not change.
Paternity leave will be extended from one to two weeks from 1 January 2022. The period of 6 weeks from the date of childbirth in which the employee must start paternity leave is also extended. The period is extended by the period of the child’s hospitalization. However, in this case, the father must start paternity leave no later than 1 year of age.
According to the transitional provisions, a person whose child was born within 6 weeks before the date of entry into force of this Act and on 1 January 2022, 6 weeks have not yet elapsed since the child’s birth will also be entitled to 2 weeks of paternity leave. So, the child must be born after 20 November 2021. If someone has already taken 1 week (in 2021), then they can determine the start of the second week in 2022 within 6 weeks of the child’s birth.
Therefore, if the child is born on 21 November 2021, the employee can start the second week of paternity pay no later than 1 January 2022.