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Procedures and Formalities

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Maternity Benefits



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Purpose:

The economic benefits are 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 or foster care.

Benefit:

The economic benefit consists of a grant that is equivalent to 100% of the appropriate regulating base  that is given to all workers who have legally established leave periods for biological maternity, adoption and foster care.

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 the calendar days subsequent to the birth. The amount will be equivalent to 100% of the IPREM (Public Income Indicator with Multiple Effects) in force at any given time.

More information on the benefit

When the benefit starts:

The right to the benefits starts on the date of birth of the child or the beginning of the leave, should it begin beforehand; in cases of adoption or foster care, starting from the judicial adoption decision or the administrative or judicial foster care decision.

More information on the start of benefits

Duration:

The duration of the leave is 16 uninterrupted weeks, which  is extendable in the event of multiple births, adoption or foster care, or the newborn baby being disabled or hospitalised.

The leave period can be taken as full days or part days. In cases of adoption or foster care, if the father and the mother work, they may choose to take the leave at the same time or in turn.

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 greater than or equal to 65%.

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

More information duration

Beneficiaries:

Workers who are employed by others or are self employed, including those with part time training contracts, whatever their sex, who take leave for maternity, adoption or foster care, pre-adoptive or permanent.

More information on beneficiaries

Requirements:

  • Being affiliated or in a situation assimilated to affiliation.
  • 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 graduated according to the age of workers with entitlement to maternity benefits: 

    • Under 21 years of age: no minimum contribution period is required
    • Between 21 and 26 years of age: 90 days contributions in the 7 years immediately prior to the date when leave starts or, alternatively, 180 days contributions in all their working life.

More information on requirements

Person responsible:

INSS or ISM

Refusal / Cancellation / Suspension / Termination

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

More information on rejection/termination

Forms:

It is not necessary to submit an official form, but it is advisable to use one: Maternity, adoption, or foster care application

Documentation:

General for all cases: Documentation proving worker identity and contributions. 

More information on documentation

Periods:

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

The entitlement to the benefit expires 5 years from the day after the date of the triggering 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 deadlines

Other important information

Frequently Asked Questions


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