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Procedures and Formalities

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Paternity Benefit




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Purpose:

Paternity benefit protects workers’ rights to receive a benefit for the days when their employment contract is suspended, or their working activity stops, in the event of the birth, adoption or foster care of children.

Benefit:

The financial benefit consists of a subsidy equivalent to 100% of the regulatory base established for the temporary disability benefit due to common contingencies.

When the benefit starts:

The benefit may be received during the period:

  • From the end of paid leave for the birth of a child, from the court ruling granting adoption, or from an administrative decision or court ruling on foster care or adoption.
  • To the end of maternity leave or immediately after it has ended, as long as the corresponding leave is taken.

More information on the start of benefits

Duration:

The maximum duration period will be up to:

4 uninterrupted weeks, that can be extended by a further 2 days for each child after the second, in cases of multiple birth, multiple adoption or multiple foster care.

It can be taken as complete work days or as partial days, with a minimum of 50%, with the prior agreement of the employer. It is compatible with and independent of shared maternity leave.

More information on duration

Beneficiaries:

For a birth, paternity leave is only for the other parent.

In the event of adoption or foster care, it may only be received by one of the parents, to be chosen by the interested parties if both parents work, unless one of them has taken all of their allowed maternity leave, in which case the paternity benefit will be granted to the other parent.

More information on beneficiaries

Requirements:

  • Being affiliated and registered or in a situation similar to registration.
  • Having contributed for a period of 180 days within the 7 years immediately prior to the date of the birth or the start date of the period of suspension or leave or, alternatively, 360 days in all their working life, prior to the aforementioned date.

More information on requirements

Responsibility:

National Social Security Institute (INSS) or the Social Marine Institute (ISM) 

Forms:

The applications will be made on the standard forms stipulated by the Social Security Administration.

Applying for paternity benefit.

Documentation:

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

More information on documentation

Deadlines:

The maximum period to resolve and report the started procedure is 30 days counting from the receipt of the interested party’s application by the Managing Body.

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 submission deadlines

Other important information

Frequently Asked Questions


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