Social Security

What is it?

The period during which a female worker's employment contract is suspended or her activity is interrupted in cases where she should change her job as it could have a negative influence on her health or that of her child because of certain risks or pathologies but this change is not objectively possible or cannot reasonably be demanded for justifiable reasons is considered to be a protected situation.

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When is this risk situation not considered to be protected?

It will not be considered to be protected if the risks or pathologies that could negatively affect the health of the worker or her child are not related to agents, processes or working conditions present in her job or activity.

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What requirements must the recipient meet?

Workers who are declared to have had their employment contract suspended or activity interrupted due to risk during breastfeeding must be:

• Registered and affiliated in one of the Social Security Schemes. No minimum contribution period is required since this situation is due to occupational contingencies.
  
• Also, these workers must be up to date on the contribution payments for which they are directly responsible.

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What happens if the worker is not covered for occupational risks?

For self-employed workers who have not opted for coverage of occupational contingencies and domestic employees, in whose Social Security Scheme occupational contingencies are not included, the benefit is awarded as due to a common contingency.

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What happens in situations where the worker has several jobs or activities?

When workers are in either of these two situations, the fact that the risk is caused by all their activities or only by one will be taken into account. 

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How much is the benefit?

The amount is 100 % of the regulating base, which is the equivalent of the established amount for benefits for TD due to occupational contingencies.

For workers employed by another person, it is obtained by adding together:

• The contribution base for occupational contingencies for the month prior to the causal event, without any overtime, divided by the number of days corresponding to this contribution.
• And the contribution for overtime worked the previous year divided by 365 days.

For self-employed workers, it is the contribution base corresponding to the month prior to the causal event divided by 30.

When payment is made, the cost of Social Security contributions will be deducted (for those employed by another person) and, where appropriate, IRPF income tax withholding.
 

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When does it begin?

• Workers employed by others: Entitlement to the subsidy begins on the day that the employment contract is suspended due to risk during breastfeeding, after the declaration of a risk situation has been issued by the competent medical services.

• Self-employed workers and domestic employees responsible for contributing: on the day after the certificate is issued by the competent medical services, although the financial awards do not begin until the professional activity actually stops.

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How long does it last?

It is paid during the time needed to protect the health of the worker and/or her child and ends when the child becomes 9 months old, unless the worker has returned to her previous job or activity or started another job or activity that is compatible with her situation prior to this time.

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How long does it last for workers with part-time contracts?

The benefit is paid to workers with part-time contracts during all the calendar days that their employment contracts are suspended due to risk during breastfeeding, with the one exception mentioned in the previous answer.

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When is it cancelled?

• When the child becomes 9 months old, unless the worker has returned to her previous job or started one compatible with her situation (if employed by another person) or has returned to her professional activity (if self-employed) prior to this time.

• When the worker's employment contract is cancelled due to legally established reasons (if employed by another person) or she becomes terminated from the Special Social Security Scheme in which she was included.

• On her death.

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Who manages and pays the benefit?

Generally,the management and payment of the benefit is the responsibility of the managing body (INSS or ISM) or WRI and OD Mutual Society, according to which one the worker's employers have agreed should cover occupational risks.

For workers in the Special Scheme for Self-Employed Workers, if the option for coverage of TD has been agreed with a Mutual Society and they have opted not to insure themselves for occupational contingencies, it is the Mutual Society that is responsible for payment. Otherwise, if workers are covered for TD with the INSS and have opted not to insure themselves for occupational contingencies, it is the National Social Security Institute that is responsible for the payment of benefits.

For self-employed workers in the Special Agricultural Scheme, if the option for voluntary improvement of TD has been formalised with the INSS, but occupational contingencies are agreed with a Mutual Society, it is the Mutual Society that pays the benefit.

For workers in the Special Scheme for Domestic Employees, whether permanent or intermittent, since occupational contingencies are not recognised for them nor can they get TD benefits through a Mutual Society, these benefits will be paid by the INSS.

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