The mother and the father are equally entitled to the attendance allowance, but it is paid only to one of them, i.e., the one who submits the documents for payment for a particular period. Attendance allowance does not apply for periods of inability to work, during which the insured person retains their right to remuneration, as well as for period of inability to work such as unpaid leave or child care leave.
Apart from persons who were registered for obligatory sickness insurance, attendance allowance also can be used by persons have been registered for sickness insurance voluntarily. The said group includes entrepreneurs, creators, freelance artists, persons with home base work, working under a mandate agreement, agency agreement, as well as prisoners sent to work.
Pay period of attendance allowance
You are entitled to attendance allowance:
– if you take care of an ill child with a disability that is over 14 but younger than 18
– if you take care of a child with a disability who is older than 8 but younger than 18 years of age, if your spouse or parent of your child who constantly provides care for the child is unable to take care of the child due to childbirth, sickness or hospital stay.
One should bear in mind that the total pay period of the attendance allowance for caring for a child or another family member must not exceed 60 days for all the entitled persons in a particular calendar year.
Example: if you use 55 days in the particular calendar day for attendance allowance for a 5-year-old child, then you can then only use 5 days of care for a sick parent.
The number of children in the mutual household is irrelevant, since the limit of 60 days applies collectively to all of them.
The unused limit of attendance allowance for a particular year is not transferred to the next year.
Amount of the attendance allowance
Attendance allowance amounts 80% of the assessment basis. The assessment basis of allowance for the employee is the monthly remuneration for the period of 12 calendar months preceding the month in which the inability to work occurred or, in case of employment shorter than 12 months, for full calendar months of insurance preceding the month in which such inability occurred. The attendance allowance is paid for each day of taking care of the child, including bank holidays.
Documents needed for the payment of attendance allowance
The following applications are the basic documents required for the payment of attendance allowance:
Z-15A – when you take care of a child
Z-15B – when you take care of a sick family member other than a child.
Apart from the above-mentioned applications, one also needs to deliver additional documents, depending on the circumstances. And so:
If you take care of an ill child or family member, a physician should issue for you a medical certificate of temporary inability to work. Apart from the identification details regarding the insured person, payer of contributions or the physician, the document must include information on the period of leave due to provision of personal care of a sick child/family member, the date of birth of the child/family member and the degree of kinship with the insured person.
When taking care of a child up to 8 years of age due to:
Who pays the allowance:
– the employer who registers more than 20 people for sickness insurance
– the Social Insurance Company (ZUS), if the employer registers less than 20 people for sickness insurance.
ZUS also pays attendance allowance to entitled persons after termination of employment relationship and to persons who conduct non-agricultural business activity and their collaborators.
If the allowance is paid by ZUS, the payer of contributions should file declaration ZUS Z-3 (in case of employees) or ZUS Z-3a in case of other insured persons.
Author: Aleksandra Stawowy Manager at the MDDP Outsourcing office in Katowice
Legal basis: Act of 25 June 1999 on cash benefits from social insurance in case of illness and maternity (consolidated text: Polish Journal of Laws of 2023, item 2780).