Karol Nawrocki about the “real problem” of women. We check if it is

Presidential candidates are fighting, among others For the voices and support of women – and the International Women's Day falling out in March was a good opportunity for this. “Voice cast for me is a voice for legal abortion” – assured At the Convention on March 8, Magdalena Biejat, Left candidate. In the program addressed to women, he postulates, among others Parental leave equal to both parents. Rafał Trzaskowski, a candidate of the Civic Coalition, also announces a change in abortion law. “If the Sejm does not have enough courage, I will report my own act and bring such pressure to my friends that – I am convinced – it will finally get support and we will lead to the fact that this medieval anti -abortion law has gone out. promised March 8 in Bielsko-Biała. Trzaskowski also postulates to include women in military training for men announced by the Prime Minister.

According to PiS candidate Karol Nawrocki, women in Poland have a different problem. He talked about him on meeting with the inhabitants of Kluczbork.

“And yet it is hard to work for the development of our wonderful homeland and the Polish -Lithuanian Commonwealth. And this is what you have to take care of. This is a real problem for women, dear states” – emphasized Nawrocki.

Is the PiS candidate right that women going on parental leave are thus “punished” by the system? Not quite.

Parental leave in order to take personal care of a child is entitled to an employee employed at least six months – according to Labor Code (Article 186). In total, both parents or child carers can take advantage of parental leave. So not only women.

Parental leave can last up to 36 months. At least one month of parental leave is intended for the other parent (e.g. the mother is on vacation 35 months, and the father is one month or vice versa).

There is no requirement to use parental leave in full and immediately. This vacation can be divided into a maximum of five parts. Parental leave can be used no longer than by the end of the calendar year in which the child turns six years old. The exception are parents taking care of children with a disability certificate, who is entitled to additional parental leave until the child is 18 years old, also up to 36 months – which explains On the website, the Ministry of Family, Labor and Social Policy.

Parental leave is granted at the employee's request, and the employer must grant such an application. This vacation is free. This means that the employee using it does not receive remuneration from the employer or benefit from the Social Insurance Institution.

While being on parental leave, an employee may also work with the current or other employer. He can also learn or use training. It is important, however, that this activity does not prevent him from taking care of the child. It may also be born addition in the amount of PLN 400 for childcare during parental leave.

The Act on pensions from the Social Insurance Fund provides (Article 7 (5)) that non -contributory periods are, among others “falling before the date of acquisition of the right to a pension periods of parental leave“Let's explain, the non -contributory period is time, in which social security contributions were not paid.

Does this mean that people who have taken parental leave will have lower pension benefits? “The period of staying on parental leave 'is included' to retire” – explains Dr. Monika Wieczorek, legal adviser specializing in labor law.

Why is it so? Wieczorek refers to art. 174 para. 2a Act on pensionswhich states that when determining the amount of the pension, the period of parental leave is taken into account, treating it as a contributory period. “This is not a unique solution, but a widespread rule. However, it is necessary for the employer to make an insurance report for parental leave. The period of this leave can be documented by presenting a work certificate or a certificate from the employer” – explains the legal councilor in the analysis of the editorial office of the Specific Editorial Office24.

In view of the statutory ambiguities, we asked the ZUS press office for clarification. “A person who is on parental leave is subject to mandatory retirement and disability insurance, if there is no other title to compulsory social security or have the right to a pension or disability pension. Contributions for a person on parental leave are financed entirely from the state budget via the plant ” – explains the ZUS press office in response provided on March 25.

Contributions to pension insurance for these insured are calculated by contribution payers, and ZUS pays them.

Can going on parental leave negatively affect your future retirement? ZUS reassures: “When determining the right to a pension just like any other contribution period. The contributions paid have an impact on the amount of pension in the same way as contributions paid from other insurance titles. “

“The basis for the calculation of contributions for pension insurance and disability pension insurance on parental leave is the amount of 60 percent of the forecast average monthly salary adopted to determine the amount of restriction of the annual basis for calculating contributions. The basis for calculating contributions for retirement and disability insurance contributions on parental leave cannot be higher than the average monthly remuneration paid for a period of 12 months for a period of 12 months. calendar preceding parental leave and cannot be lower than 75 percent.

Thus, the potential loss for parents and carers on parental leave are lower contributions for their future pensions. This is due to the fact that during this period, pension and disability pension contributions are calculated from a lower base than earnings from before vacation. If someone earned well before, and in the holidays of the premiums falls, his future pension may be lower. However, ZUS has set a minimum threshold – the premium basis cannot be lower than 75 percent. minimum wage. This is a certain security, but in most cases parental leave means lower contributions and as a result lower retirement benefit in the future.

As we have already mentioned, in accordance with art. 7. para. 5 of the Act on pensions from the Social Insurance Fund, the period of parental leave is a non -contributory period, but, as ZUS explains, the contributions are then paid by the State Treasury. So why is this period called non -contributory? The plant explains: “Since 1999, parental leave is a period of insurance for which contributions are obligatory – it is therefore a contribution period. (Article 6 (1) (19) of the Act about the social insurance system). Parental leave before the reform of the pension system, i.e. before 1999, are non -contributory periods. Despite this, when calculating a universal pension from a new system (i.e. so -called initial capital), they are treated as if the state has paid contributions for their period. (Article 174 (2a of the Act on pensions from the Social Insurance Fund) “.

Thus, the problem that Nawrocki talked about partly existed years ago and concerned some people on parental leave. It was repaired almost a decade ago.

Let's explain: until 2015 Social security contributions were covered by the state budget only to persons who took parental leave from January 1, 1999. People who were on parental leave were injured before this caesura. If they were on parental leave before January 1, 1999, this period did not count into a pension.

Change she came in in life on May 1, 2015. It was signed by President Bronisław Komorowski. The amendment allowed for the conversion of the initial capital, taking into account the periods of parental leave before 1999 as contributory. Thanks to this, people who took parental leave before 1999 gained the opportunity to increase their future retirement benefits. In detail in 2015, among others legal services Gazetaprawna.pl, INFOR.pl, Law.pl.