Y SEGURIDAD SOCIAL
Economic Benefit / Amount
- ¿How is maternity benefit calculated?
- How will the benefit be paid and how much will it be for multiple birth, adoption or fostering?
- What happens when a worker on maternity leave has their contract cancelled?
- What happens when a worker who is receiving unemployment benefit enters a maternity situation?
- What happens if the worker is absent from work due to a temporary disability when she begin maternity leave?
The financial benefit consists of an allowance equivalent to 100% of the base pension that will be equal to the base pension established for temporary disability benefits resulting from common contingencies, taking into account the start of the period of leave.
However, when on periods of leave under a part-time regime, the pension base of the benefit will be reduced in inverse proportion to the reduction in the working day.
For workers on part-time contracts, the daily regulatory base will be calculated by dividing the sum of the contribution bases certified with the company during the 12 months immediately prior to the suspension of employment, by 365. If the worker has been with the company for less time, the base pension will be calculated by dividing the sum of the certified contribution bases by the corresponding number of calendar days.
When the worker holds multiple jobs, the calculation bases of the different companies will be calculated, applying the maximum contribution limit in force.
For multiple births and adoptions and when fostering more than one minor at the same time, a special allowance will be granted per child or minor in foster care; for each successive child, the same amount will be paid as granted for the first child, during the first 6 weeks immediately after the birth, or, in instances of adoptions and foster care, following the administrative fostering judicial decision or the judicial decision regarding adoption.
100% of the base pension is paid during periods effectively taken by both parents, for completed periods. The special allowance will be paid as a lump-sum at the end of the 6-week period following the birth and, for multiple adoptions and fostering more than one child, at the end of the 6-week period immediately following administrative fostering judicial decision or the judicial decision regarding adoption.
Said allowance may only be received by one of the parents or foster parents; for births, this will be the mother and for adoptions and foster care, the beneficiary will be agreed upon between the interested parties.
She will continue receiving maternity benefit until said status ends, then moving into legal unemployment and receiving, provided that she meets the requirements, the corresponding benefit.
In this case, the time spent on maternity will not be deducted from the period in which the interested party was receiving the benefit for contributory unemployment.
Unemployment benefits and Social Security contributions are suspended and she will start to receive the relevant amount of maternity benefit, which will be managed directly by their Managing Body (INSS or ISM ).
After maternity benefits end, unemployment benefits will begin again and continue for the time that remains and at the same amount as at the moment of suspension.
When temporary disability procedures started prior to the birth, and when the interested party has not chosen to take maternity leave, the temporary disability benefit is maintained until birth, always respecting the interested party's option to take maternity leave. From the date of birth, the interested party must take maternity leave. If, at the end of maternity leave, the worker still has a temporary disability, the interrupted count will be resumed, even if the employment contract has been terminated.