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Ministry of Justice

Republic of Tajikistan 

 On October 23, 2014 No. 767

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of October 14, 2014 No. 630

About the Procedure and conditions of allowance payment on temporary disability, pregnancy and childbirth and family allowances

According to Article 14 (the Law of the Republic of Tajikistan "About the national social insurance" the Government of the Republic of Tajikistan decides 1):

Approve the Procedure and conditions of allowance payment on temporary disability, pregnancy and childbirth and family allowances it (is applied).

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of October 14, 2014, No. 630

Procedure and conditions of allowance payment on temporary disability, pregnancy and childbirth and family allowances

1. General provisions

1. This Procedure is developed according to Article 14 (1) the Law of the Republic of Tajikistan "About the national social insurance" and determines rules and conditions of allowance payment on temporary disability, pregnancy and childbirth and family allowances to insured persons.

2. Temporary disability benefits, and family benefits are paid to pregnancy and childbirth by the general rule if the right to their obtaining at insured person came during work.

3. Benefits before revenues to work or after dismissal from work are not issued if other is not provided by this Procedure.

4. Benefits it is established if the request for it followed no later than six months from the date of recovery of working capacity, establishment of disability, the end of maternity leave or the child's birth.

5. Allowance payment for last time (fully or partially) at the initiative of authorized bodies (for example, as a result of check of correctness of establishment and allowance payment) is made with observance of the same term.

6. Temporary disability benefits, and family allowances are paid to pregnancy and childbirth by the employer at the expense of the social tax.

7. For the purpose of the correct establishment and allowance payment on temporary disability, pregnancy and childbirth and family allowances according to article 21 of the Law of the Republic of Tajikistan "About the national social insurance" at the companies, the organizations and organizations from representatives of employer, trade-union committee or other representative body of workers the Commission on the national social insurance is created or the authorized person is chosen.

2. Temporary disability benefit

8. Temporary disability benefit to workers are established in the following cases:

- in case of the disease (or in case of injury) connected with disability;

- in case of disease of the family member, in case of need care of it;

- in case of quarantine;

- in case of temporary transfer for other work in connection with disease of tuberculosis or occupational disease;

- in case of prosthetics with the room in hospital of the proteznoortopedichesky company.

9. The basis for purpose of temporary disability benefit is the sick leave note (disability leaf) issued by medical institution in accordance with the established procedure. Other documents cannot form the basis for allowance payment. In case of loss of the sick leave note, the benefit can be issued according to its duplicate approved by medical institution.

10. Expertize of temporary disability of citizens is carried out by the medical institutions authorized according to the legislation of the Republic of Tajikistan.

11. Temporary disability benefit is paid from the first day of disability to its recovery or before establishment of disability by authorized body, but no more than four months in a row.

12. In case of disease of tuberculosis temporary disability benefit is paid for the period no more than twelve months in a row.

13. Temporary disability benefit is paid from the first day of disability to its recovery or before establishment of disability by authorized body even if at this time the worker was dismissed.

14. In case of approach of temporary disability during dispute on correctness of dismissal the benefit is issued in case of recovery at work. At the same time temporary disability benefit is issued from the date of decision about recovery at work.

15. To persons which graduated from the highest or average professional educational institution, postgraduate study or clinical internship directed to work in accordance with the established procedure, in case of approach of temporary disability prior to work the benefit is issued since the day appointed for appearance to work.

16. In case of approach of temporary disability in travel time on new place of employment the benefit is issued if during this time the worker had the right to the salary or payment of expenses on moving.

17. When obtaining the benefit is issued to home accident since sixth day of disability. If the injury was result of natural disaster (earthquake, flood, the fire, etc.) or anatomic defect of the victim, the benefit is issued for the entire period of disability in general procedure.

18. In case of approach of temporary disability owing to disease (injury) during stay in annual (the main or additional) leave the benefit is issued for all days of release from work certified by the sick leave note.

19. In case of approach of temporary disability during leave non-paid or child care leaves the benefit is not issued. If disability proceeds also after the end of leave non-paid or on child care, then the benefit is issued from the date of when the worker get to work.

20. In case of carer's leave for the sick family member temporary disability benefit is issued if lack of leaving threatens with danger to life or health of the patient and if in the presence of indications it is impossible to place it in hospital, and among family members there is no other person who can look after the patient (the domestic servant is not considered family member). In case of disease of the child aged up to two years the benefit is issued to mother irrespective of, is available or not other family member capable to look after the sick child.

The care allowance for a sick is issued by the family member no more than in three calendar days. Prolongation of term of issue of benefit over three calendar days is made only in exceptional cases depending on disease severity of the family member and household situation and no more than up to seven calendar days in total.

The care allowance for a sick is issued by the child who did not reach fourteen years for the period during which the child needs leaving, but no more than in fourteen calendar days.

To one of parents or other relative of the child exempted from work for stay together with the sick child in hospital, the benefit is issued for all the time of release from work.

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