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You are in: Home » FAQ » Aid and other benefits » Maternity » Start of entitlement / Duration of Leave

Start of entitlement / Duration of Leave




Effective the date of birth or the first day of leave, should this be earlier  (the mother may bring forward leave by 10 weeks to the delivery due date, according to the  Public Health Service maternity report).


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As a general rule, it begins on the date of the judicial decision formalising the adoption or on the date of the administrative or judicial decision on foster care, temporary or permanent,   although under no circumstances can any individual minor give rise to various suspension periods.

In cases of international adoption, when the parents are required to travel to the country of origin of the adopted child, the suspension period can begin up to four weeks before the decision formalising the adoption. If, following this period, the corresponding judicial or administrative decision has not been reached, the management entity can suspend the benefit as a precautionary measure until the decision is made.

However, in cases where the allowance has been awarded and the international adoption or fostering process is not completed, the interested parties will not be required to pay back the benefits received up to the time the negative decision is reached, or where applicable, up to the moment at which payment of the benefit was suspended.


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Generally, the maternity benefit will last for a continuous 16-week period that, as regards multiple births, will extend by 2 weeks per child starting from the second child.

A further 2 weeks will be added to the established duration for each disabled child, in addition to the corresponding extension period to a maximum of  13 weeks, when the new-born is hospitalised following the birth. However, for multiple births, the hospitalisation period of each child cannot be accumulated when said periods occurred simultaneously.

For premature births and those in which, for any reason, the new-born must be hospitalised following the birth for a period of more than 7 days, the period of leave may be calculated, at the request of the mother or, in her absence, of the other parent, effective the date of discharge from the hospital, with the 6 weeks that immediately following the birth excluded from said calculation given that they form part of the mother's mandatory maternity period.

In the event that the child dies, the duration of the financial benefit will be unaffected, unless the mother wishes to return to work 6 weeks after the birth. In this case, the option exercised by the mother in favour of the other parent will be revoked.

If both parents work and meet the corresponding requirements, at the request of the mother they may share, either simultaneously or successively, the period of leave.



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Generally, the maternity benefit will last for a continuous 16-week period that, as regards multiple adoption and fostering multiple children, will extend by 2 weeks per child starting from the second child.

A further 2 weeks will be added to the established duration for each disabled child.

In the event that the adopted child or minor in foster care dies, the duration of the financial benefit will not be affected, unless the adoptive or foster parents wish to return to work.

If both parents work, the period of leave will be distributed as requested by the interested parties, who may take leave simultaneously or successively, provided that they are continuous periods within the established time limits.


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In the event that the child dies, the duration of the financial benefit will be unaffected, unless the mother wishes to return to work 6 weeks after the birth. In this case, the option exercised by the mother in favour of the other parent will be revoked.

The provisions of the above paragraph will be applied even when the foetus does not meet the conditions established in Article 30 of the Civil Code regarding acquisition of personality, provided that the child had remained in the womb for at least 180 days.


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