Social Security

Is an unemployed woman entitled to the benefit?

To qualify for this benefit, female workers must be affiliated and on active status in a Social Security Scheme, among other requirements.

Therefore, women who are on a assimilated contributor or inactive status are not eligible for this benefit.

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Is the risk benefit received during pregnancy compatible with work?

No. Receiving the benefit is compatible with continuing activities that were being carried out or might start after the contract was suspended, that do not represent a risk during pregnancy.

In other words, the woman can perform other jobs either on a self-employed basis or working for someone else, if they are compatible with her condition.

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What is the maximum period for receiving the pregnancy risk benefit?

There is no maximum period established, as a result of which benefits will be paid during the period necessary for protecting the health and safety of the woman and/or foetus, and end the day before the date on which the employment contract is suspended for maternity leave or the return of the woman to her previous job or one which is compatible with her condition. 

For part-time workers, benefits will be paid for all calendar days in which the contract is suspended due to risk during pregnancy, with the exception mentioned in the previous paragraph.

As a result, the benefit will only be paid when there a risk exists.

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Who issues the certificate to establish the existence of this risk?

Medical certificates stating that the job conditions can negatively influence the health of the worker or the foetus are normally issued by the NISS medical services or the WRA and OD Mutual Society, according to which body covers the worker's occupational risks. The worker should inform them first and accompany this communication with the following:

• A report from the Public Health Service doctor who is attending her stating that she is pregnant and that the conditions of her job could negatively influence her health or that of the foetus.
• A statement from the company or from the self-employed worker stating what the worker's job is or activities are, what the specific risk is, etc..

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When does the right to the benefit come into effect for self-employed workers?

The right comes into effect on the day after the date when the medical certificate was issued by the management body's or the Mutual Society's medical services, although the economic effects do not begin until the date when work actually stops.

Therefore, before a decision can be made, self-employed workers must report the date when they stopped work. Female workers in the RETA  will submit the declaration of activity status.

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What happens if the company suspends the contract before the medical services have issued the report that declares the risk?

For female employees, the right comes into effect on the same day as the employment contract suspension, and always after the date of the issuing of the Medical Service certificate by the INSS or Mutual Society.

If the contract is suspended early, it is possible to backdate the effects of the benefit to when the employment relationship was suspended.

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How can self-employed workers prove they carry out a job with an element of risk?

As with workers employed by another person, they must provide a Public Health Service doctor's report proving the pregnancy situation and that the conditions of the job professional activity carried out have a negative effect on the health of the woman or the foetus.

In addition, the woman will make a declaration on: 

• The activity performed.
  
• The inexistence of a job or function in such activity compatible with her condition that could be carried out by her as a self-employed worker or domestic employee.
  

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Is Temporary Disability available during the pregnancy risk situation?

No. Once the risk situation has finished, if the recipient requires health care and is unable to work, their temporary disability situation will begin so long as they meet the general requirements for receiving this benefit.

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Is a woman in a multiple activity situation who is included in various schemes entitled to the benefit in each of them?

If the risk situation affects all her activities, the worker has the right to the benefit for each of them, if she meets all the requirements separately for each one.

If the risk situation does not affect all her activities, the worker has the right to the benefit only for the scheme under which the activity that does involve a risk is included.

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