A foster parent faced a situation in which the Social Insurance Institution (SII) took away his due sickness benefit. The justification for the decision was that the guardian had another source of income which meant that he was not entitled to the sickness benefit. This other source of income, however, was caring for children in a foster family, which does not necessarily have to be considered a source of income depriving one of the rights to sick pay. However, SII took a shortcut and chose a simplified version of the interpretation of this situation.
Our view, however, was different – the foster parent was legally collecting the benefit, and we defended that view before both the district court and the circuit court. Paulina Obara wrote about our reasoning, legal analysis, and resolution of the case for Rzeczpospolita. The article entitled “Care in a foster family cannot take away a benefit” appeared in print in the daily newspaper. We invite you to read it!
Paulina handles international cases and specializes in labor law, commercial contract law, and intellectual property law. She provides significant support to employers by implementing internal company acts. She also frequently drafts individual employment contracts and terminates employment relationships. In addition, she also has great experience in litigation.
If you are interested in improving the legal conditions of your employees, feel free to contact us! We will help you create the right procedures!
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