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Dr hab. Karolina Stopka
ORCID: 0000-0003-1199-9350

Professor at the University of Wrocław, employed at the Faculty of Law, Administration and Economics at the Department of Labor Law, legal advisor. Author of dozens of scientific papers in the field of social security and labour law, including a commentary to the Act on Social Security Cash Benefits in Case of Sickness and Maternity.

 
DOI: 10.33226/0032-6186.2024.12.3
JEL: K31

The article – based on the provisions of the Benefit Act– decodes the detailed rules according to which the amount of maternity allowance provided for under the (universal) social insurance system in Poland is determined. Next, an attempt was made to indicate the legal conditions and grounds for the Europeanization of social insurance law in the scope regulating the amount of maternity allowance and to determine its essence. The areas of EU regulation in the case of which the impact of EU law on the amount of maternity allowance can be determined have also been specified. The study concludes with an analysis and critical assessment of the rules for determining the amount of maternity allowance from the point of view of the purpose and provisions of EU directives and Article 45 of the Treaty on the Functioning of the European Union.

Keywords: maternity allowance; Europeanisation of social security law; EU law; social security law; equal treatment of women and men
DOI: 10.33226/0032-6186.2024.5.5
JEL: K31, K39

The purpose of the study is to analyze social insurance regulations, as defined in Article 1 of the Law on the Social Insurance System, concerning the provision of personal care for a child constituting a title to social insurance and a circumstance determining the right to sickness insurance benefits, made from the perspective of factors and conditions making the provision of child care a circumstance relevant to social insurance law and its shape. The exercise of personal care of a child does not have a clear, understandable meaning in social insurance law. This state of affairs can only be considered natural to some extent, and is justified by the various contexts in which the phrase appears in social insurance law, or the problems of identifying the factors that determine such and not other normalization of this issue in social insurance law.

Keywords: child care; social security; title to insurance; sickness insurance benefits
DOI: 10.33226/0032-6186.2023.10.5
JEL: K31

The purpose of the study is to indicate the essence and conditions of the protection of temporary incapacity to work due to illness for the period after the termination of the title of sickness insurance, and to indicate their consequences for the way it is formed and the practice of applying the provisions of the Act of June 25, 1999 on cash benefits from social insurance in case of illness and maternity, which relate to it. Realization of the purpose of the study was based on three basic assumptions: 1) sickness insurance is a system of protection in the event of the occurrence of a specific social risk within the framework of the social insurance system (law), which is one of the legal forms of realization of the right to social security, 2) sickness insurance benefits are intended to secure the effect of a fortuitous event and compensate for wages (income) lost due to incapacity for work as a result of illness, 3) the provisions defining exceptions to the general regulations should not be interpreted extensively. Consideration of the title protection is warranted not only by the state of the discussion on it to date, but also by its practical dimension.

Keywords: Social insurance; sickness allowance; incapacity for work; termination of insurance title
DOI: 10.33226/0032-6186.2020.9.5
JEL: K31

The institution of extended protection in sickness insurance, understood as the protection resulting from previous title to insurance and concerning events occurring after the termination of sickness insurance, shows the specificity of protection under social insurance. However, so far, it has not been subject to in-depth theoretical and dogmatic analysis. In the study, the author, having as her basis the legal regulation of sickness allowance and maternity allowance, points to the diverse structure and nature of this protection. She also makes an attempt to explain and assess the differences occurring in this respect.

Keywords: sickness insurance; social risk; maternity allowance; sickness allowance