- We are a family consisting of:
- Mother, Charlotte 30 years, formerly self-employed hairdresser. Pt. Free/job seekers.
- Father, Kasper 27 years, working on Vestas
- Sean at 3 years and Sarah at 1 year.
so begins Charlotte a long email to the nation! about the sad situation she and her family ended up in, after she gave birth to her second child a year ago. Not enough with that the child has just been diagnosed with cerebral palsy, so has Charlotte been on sick leave with a slipped disc. And throughout the process of maternity leave, sick leave, and contact with the system has been so confusing, that the family now believes that they have lost 50,000 dkk. in support. Charlotte's mail as Lolland Municipality commenting below - continues namely as follows:
- I, Charlotte, went on maternity leave 29/4-2018. And 16 may 2018 came our daughter to the world, by acute caesarean section.
- I get soon after her birth many pain and problems keep me on the legs. It turns out that I have 2 diskusprolapser.
- I contacts, therefore, the Payment Denmark and tells that I will off sick and my maternity leave and therefore must be stopped.
- the Lady says 'so is your maternity leave stopped today's date', and I ask what I need and she tells me that I must contact the municipality.
- 9. July 2018 I will be on sick leave and two weeks after I have surgery (d. 24 July 2018).
- I start subsequent to rehabilitation 2 times per week and 1.10 2018 I then called in for an interview in the job center.
- My caseworker does not consider that there is a basis for further sick leave, since it's not necessarily sick, because you are awaiting a new MRI scan. And the examiner says that I should be happy that I have my maternity leave to return to, rather than labor pt.
After a conversation with my doctor (Nordic Medicare) will I be on sick leave for more up to 15.11 where I am going to the new MRI scanning.
- once again I called in for an interview with a caseworker at the job centre. Now, there will be pointed out, that I have signed a raskmeldelses statement, but she agrees to let me go on sick leave until d. 15.11 (as the doctor has written) and then I use my maternity leave.
I therefore seek the Withdrawal of Denmark on maternity allowances and grants that I go on maternity leave from 16.11-2018.
But January 15 I get refusal due to ‘employment requirements’, and I call immediately to get them to explain to me how it could be. Employment the requirement is that you must at least have worked for 18.5 h per week the past 6 months. And I had good reasons for not been able to, since I had been on maternity and then sick leave.
- In the last conversation with the Payout of Denmark, tells the lady in the tube, that I completely lost the right to maternity leave, since I have changed the performance (from maternity benefit maternity benefits sickness benefits ) and has resumed the occupation.
- She says 'You can write a complaint about the decision, but even though I may not say it in the phone, so you get enough not something out of it'.
- My world crashing, as the plan was that I now had 32 weeks of maternity leave with my daughter, which now could be enjoyed instead of lying on a sofa with the pain.
- I'll contact the previous caseworker and she says short and sweet ’so do you seek a work to the money on the table’.
- I contacts doctor, when I post the new MRI scan has found out that there is reprolaps and I have again got many pain.
- I still go to rehabilitation in the health centre in Nakskov 2 times a week and due to the pain, we can't start at genoptræningsprogrammet.
My doctor believes absolutely not, that I am able to be on the labour market pt and I sygemelder me, therefore, 17.01 2019
- I close my salon 1/2-2019, since I can not keep to the profession with my back.
- 7/2-2019 do I get refusal on sickness benefit due to employment requirement, and 12/2 2019 I get the further refusal from the Payout of Denmark on barselsforlængelse, the periods where we have been in the hospital with our daughter, since I have interrupted the 14-day maternity leave!
- the case worker at the municipality - which sits with my complaint contacts me and asks for the explanation of the whole situation. She believes that the Payout of Denmark can use it with the employment requirements.
And at the same time, she says indirectly to me, it seems to me that I seek for sickness, since I can't get maternity leave. (As if so should I just find another way to get money).
- I explain that I basically should not had been raskmeldt back in november, so it is the same case/sick leave, but it stays in the system is treated as a new case, I'm told. She also says that when I have been able to take me by my daughter, so I'm not ’sick enough’ to be on sick leave.
- There must be said to my husband before he went to work and laid everything on the couch by my side, as I had to use - diapers, wipes, MMA, bottle, etc,. so I could face the day because we had the not afford to he also lost his job.
- But it does not seem to have meaning for her, and it will be the same decision. Refusal.
In the meantime, we will contact Visitationen, as in the letter/refusal writes that it may be the solution to financial help. But it is cash .. and when we are married comes forsøgerpligten into the picture.
- 1/3-2019 we will get in contact with Bisidderhjælpen, and the employee who believes that there is something completely wrong and it certainly is a matter which must be looked at. I therefore fills a power of attorney to they can said information, access, etc.
- 18/3-2019, I speak an hour with a lawyer from inside Bisidderhjælpen. She believes that it is an action against the municipality, since they do not have guided me to how I should have done differently.
- I should have been under a section, where my husband had 'taken over' maternity leave, while I was on sick leave and then I could come back on maternity leave after sick leave - but how should I know?!
- We deposit therefore, the interim charge and the boot fee to Bisidderhjælpen, so they can start our case. 6000, money which we had not since I had not received income l 2019 -
- 9/4-2019, I get a mail from Bisidderhjælpen. They can't handle my case because they have ceased operations in the company today's date (bankruptcy)
- All owe the 'blame' on the other party and you are like the lice between 2 nails.
- Now we have in addition got the diagnosis on our little daughter - Cerebral Palsy.
After the talks, the checks and assessments we 19.03-2019 searched for the lost earnings , as the assessment is that Sarah must be cared for at home until she can go, about 1.5 years old, so we can go to the controls and physical therapy 2 times a week.
- We are so mentally nedkørt of everything here.
- We have soon called all we almost can call, ang advice and guidance to what we can do and how.
- I can't understand how you can lose the right to her maternity leave, because that one gets sick.
- It is the laws and conditions which the small person can't know and therefore, you feel cheated by the system.
- It is hard on the family, when no help can get, and be forced to take loans from family and friends in order to survive and be able to give her children a roof over their head.
- Now it is around 50.400,- as I have 'lost' by going in 4 months without financial help - despite the fact that you pay his taxes and seek the help of those who ought to be competent caseworkers and the like, writes Charlotte, who believes there must be a hole in the system.
the nation! have sent Charlotte's letter to the Lolland Municipality and asked what a citizen, who, as Charlotte has lost track of the rules, and now believes she has lost 50,000 in barselspenge/support, can make - and the municipality has sent this reply:
Lolland Municipality may not comment on a enkeltsag, but can inform what the general system is:
- in General, when maternity is not a disease, so is the starting point, that one can be on the sickness benefit, when you are off work, possibly. on unemployment benefits or cash benefits when you are raskmeldt and on benefits when you are eligible for this.
- It is the Payment Denmark (Vordingborg), which is the responsible authority in relation to maternity pay, and therefore can Lolland, the job centre did not comment on the decisions around those.
- Also, is it jobcentrets view that advice about benefits, maternity benefits and evs. the transfer to the spouse is in the Payout Denmark, as the municipality is not the authority on this decision.
- When the job centre receiving an application for sickness benefits there is a set of rules in Sygedagpengeloven, which must be met before the job centre can pay sickness benefits.
- the Citizen will get a decision that may be appealed.
- If the job center maintains its decision, transmitted the complaint to the Ankestyrelsen to the final decision. This decision should the job centre waiting and subsequent respect.
- When the job centre to take a decision to get the citizen at the same time a written complaints procedure. By doubts is the citizen always welcome to contact the job center for advice and guidance, writes the municipality, but what are you thinking?