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Procedures and Formalities

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Maternity Benefits




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Purpose:

This is a financial benefit intended to cover the loss of revenue or income suffered by workers when their work contract is suspended or their activities are interrupted to take the legally established periods of leave for maternity, adoption, foster care or guardianship.

Benefit:

The financial benefit is equivalent to 100% of the appropriate regulatory base that is granted to all workers who take legally established leave periods for biological maternity, surrogacy, adoption, foster care or guardianship.

In cases of multiple births and of adoption or foster care of more than one minor at the same time, a special grant that is the same as that for the first child will be awarded for each child after the second for a period of six weeks immediately after the birth, or in cases of adoption or foster care, after the administrative or legal decision granting foster care or the legal decision on adoption.

In the event of birth, female workers who meet all of the requirements for accessing the maternity benefit, except the minimum contribution period, shall be entitled to a non-contributory benefit for 42 calendar days following the birth. The amount will be equivalent to 100% of the IPREM (Public Income Indicator with Multiple Effects) in force at any given time, except when the contribution bases are lower than this.

More information on the benefit

When the benefit starts:

The entitlement to the benefit accrues as of the date of the birth or from the start of leave, if leave is taken earlier; in cases of adoption and guardianship, as of the date of the court ruling and in cases of foster care, as of the date of the administrative decision or court ruling.

More information on the start of benefits

Duration:

The duration of the leave is 16 consecutive weeks, which can be extended in the event of multiple births, adoption or foster care, or due to the disability or hospitalisation of the newborn baby. The leave can be taken on a full-time or part-time basis.

In the event that both parents work, the mother, when starting maternity leave, may opt for the other parent to take a certain consecutive part of the leave period after the birth, either at the same time or immediately after the mother's leave.

In the cases of adoption and foster care, when both parents work, the leave period will be distributed according to the interested parties’ choice, and can be taken either at the same time or immediately after.

In the case of international adoption, when a prior trip by the parents to the adopted child’s country of origin is required, the leave period, provided for in this section according to the particular case, may be started up to four weeks prior to the ruling granting the adoption.

In the cases where the working mother meets all of the requirements apart from the minimum contribution period, the duration of the non-contributory benefit for the female worker will be 42 calendar days counting from the birth. This number will be increased by 14 calendar days in the event of the birth of a child:

  • In a large family.
  • In a single-parent family.
  • Multiple birth.
  • If the mother or child is affected by a degree of disability of 65% or more.

There is just one increase in duration, with no accumulation when two or more of the abovementioned circumstances occur simultaneously.

More information on duration

Beneficiaries:

Employed or self-employed workers, including those on training and part-time contracts, irrespective of their gender, who take leave due to maternity, adoption, pre-adoptive or permanent foster care, or adoption.

More information on beneficiaries

Requirements:

  • To be registered or in a situation similar to registered.
  • Having contributed for a period of 180 days within the previous 7 years immediately before the date of the birth or the start of the leave or, alternatively, 360 days in all their working life.
    However, this minimum period is on a scale, depending on the age of workers who are entitled to maternity benefits: 
    • Aged under 21: no minimum contribution period is required
    • Aged 21 to 26: 90 days of contribution in the 7 years immediately prior to the date when leave starts or, alternatively, 180 days of contribution in all their working life.
    • Aged over 26: 180 days of contribution in the 7 years immediately prior to the date when leave starts or, alternatively, 360 days of contribution in all their working life.

More information on requirements

Responsibility:

INSS or ISM

Refusal/Cancellation/Suspension/Termination

The benefit may be denied, cancelled, suspended or terminated.

More information on rejection/termination

Forms:

Applications must be made on the standard forms stipulated by the Social Security Administration and must contain the information and circumstances provided for in Article 70 of Law 30/1992, of 26 November, of the Legal Framework for Public Administration and Common Administrative Procedure.

Documentation:

In all cases: Documentation proving the worker's identity and contributions. 

More information on documentation

Deadlines:

The maximum period to resolve and report the described procedure is 30 days counting from the date when application was recorded in the register of the appropriate Provincial Directorate of the INSS.

The entitlement to the benefit expires 5 years from the day after the date of the causal event, notwithstanding the fact that the effects of this entitlement came into force within the 3 months prior to the application date.

More information on submission deadlines

Other important information

Frequently asked questions


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