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You are in: Home » Workers » Benefits / Pensions for Workers  » Maternity » General Scheme » Management / Applications

Management / Applications



  • The management of the benefit is the responsibility of the National Institute of the Social Security (INSS) or the Social Marine Institute (ISM), if the workers are included in the scope of application of the Special Scheme for Sea Workers. 
  • The competent bodies of each Autonomous Community, and the Provincial Directorates of the Institute for Social Services and the Elderly (IMSERSO) in the cities of Ceuta and Melilla are responsible for determining the degree of disability.  
  • The competent Public Institution that deals with the protection of minors is responsible for determining difficulties in social and family integration for children over 6 years of age in cases of adoption, foster care and guardianship.
  • Being considered as a large family will be subject to the provisions of Law 40/2003, of 18 November, on the Protection of Large Families.

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  • The Managing Body will pay the benefit directly to each beneficiary, as appropriate, during the periods actually taken by the mother and the father, with payment made for completed periods.
  • Special subsidies for multiple births, adoption and foster care will be paid in a lump sum at the end of the 6 weeks after delivery or after the court ruling granting adoption, respectively.
  • At the time of paying the benefit, the following amounts will be deducted from its total amount:
    • The amount increases to the total sum of the applicable worker contributions to Social Security, unemployment and occupational training, where appropriate, to be paid into the TGSS . The employer is required to pay only the contributions to Social Security and any other joint collection concepts that may be required.
    • The withholding for IRPF

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Applied to the contributions of workers or worker-members or working partners in cooperatives, or self-employed workers, who have been replaced during periods of leave for maternity, adoption, foster care, paternity, risk during pregnancy and risk during breastfeeding, through subsidised interim contracts entered into with unemployed persons, as described in Royal Decree Law 11/1998, of 4 September, shall be:

  • An allowance of 100% of the employer's Social Security contributions, including those for work-related accidents and diseases and the employer's share in joint contributions for workers in a Social Security scheme for workers employed by others.
  • An allowance of 100% of the contribution that results from applying to the appropriate minimum or fixed base the compulsory contribution established for workers in the Social Security scheme for self-employed workers.

This allowance only applies during the time that the suspended activity and the temporary substitution contract coincide and, in all cases, up to the maximum limit of the period of suspension.


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Benefit application:
  • The procedure for granting the entitlement begins upon request by the interested party, by application to the competent Provincial Directorate of the Managing Body, according to the scheme they are included in.
    • The application must be made on the official forms and contain the information and circumstances set out in |art.  70 of Law 30/1992, of 26 November, on the Legal Framework for Public Administrations and Common Administrative Procedures, together with the necessary documents, except for the documents that have already been provided for the processing of paternity benefits for the same children or foster children.
    • Specifically, it must contain the reason for the application, the start date and the expected distribution of the leave period for each of the beneficiaries, as well as the data related to the company or companies, in the case of workers employed by another person.
    • The application to interrupt the benefit in the case of premature birth and cases in which the newborn must remain in hospital following the birth, must be made by the mother or the other parent, depending on who is or will be the beneficiary, thereby having to prove the interruption of the suspension of the employment contract or activity, as well as the hospitalization of the child, by means of the relevant document from the hospital.
  • The Managing Body may start, on its own initiative, the procedure for granting the benefit, when it has the necessary information to do so, and must inform the interested party of this situation within a period of 15 days counting from the day after the triggering event.
Resolution and notification:

The Provincial Director of the Managing Body where the application has been submitted will make an express decision and inform the interested party within a period of 30 days, counting from the receipt of the application of the interested party.

Nevertheless, the benefit may be granted by provisional decision using the most recent contribution base included in the system's corporate databases. If the contribution base from the month immediately prior to the start of leave was different to that used in the provisional decision, the benefit will be recalculated and a final decision issued. If the base has not changed, the provisional decision will become final 3 months after being issued.

As an exception, in the event that the activity in the company had been started in the month prior to the triggering event, a certificate must be provided to the company stating the relevant contribution base, which will be the base that is taken into account for calculation purposes. The procedure will be the same, when the worker has a part-time contract and it is not possible to calculate the regulatory base, or in the cases where the companies have been authorised by the Treasury General of the Social Security TGSS  to defer the payment of contributions until after the following month.

Expiry:

The entitlement to the benefit expires 5 years from the day after the date of the triggering event, notwithstanding the fact that the conditions that gave rise to the entitlement occurred within 3 months prior to the date on which the corresponding application was submitted. 


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  • The Public Health Service doctor caring for the pregnant worker will issue a maternity report in the following cases:
    • When the worker begins her leave prior to the birth date.
    • When the child dies after a gestation period of at least 180 days.
  • The maternity report consists of an original and three copies:
    • The original shall be delivered to the worker together with a copy to submit to the company within a period of 7 days (if the worker is an employee).
    • Another copy shall be sent to the Health Services Inspectorate or equivalent body of the relevant Public Health Service.
    • The final copy shall be kept by the doctor.
  • When the worker is in a situation of temporary disability that started before the birth, the doctor must simultaneously provide her with a medical discharge report due to her starting the situation of maternity.

  • The Public Health Service will send the maternity report and the medical discharge report to the Managing Body within a period of 5 calendar days after they are issued.

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DOCUMENTS REQUIRED FOR THE MATERNITY-PATERNITY PROCESS

(Original together with a copy for authentification or with an already authenticated photocopy, except for identity documents, where showing the original will suffice)

 

  1. IN ALL CASES:

    • Proof of the applicants' identity, and of the legal representative if applicable, by means of the following valid documentation:

      • Spanish Citizens: National identity Document (DNI).
      • Foreign Citizens: Passport or, where appropriate, a valid identity document from their country and NIE (Foreigner Identification Number) required by the AEAT for payments.
    • Supporting documentation for the legal representative, where applicable.
    • Self-employed Workers: company certificate stating the start date of suspending employment due to maternity/paternity if said certificate has not been sent by the company via the RED System.
  2. IN THE EVENT OF MATERNITY

    1. Due to birth:

      • The maternity report issued by the relevant Public Health Service, in the following cases:
        • When the worker begins her leave before the birth date.
        • When the child dies after a gestation period of at least 180 days.
      • Family record book or, failing this, the child's registration certificate if these data are not automated in the Registry Office. If the leave started before the birth, these documents shall be submitted after the child has been registered.
      • If the mother transfers part of the leave to the other parent, page no. 5 of the application form must be completed and submitted. Furthermore, if she is a civil servant and not included in the Social Security General Scheme, she must submit a certificate issued by the personnel unit of her work centre, stating her administrative situation and the relevant period of maternity leave.
      • If the mother works in a professional activity that does not give rise to registration in the Social Security system and is a member of a mutual society or professional association, she must submit a certificate stating that, due to the birth, she has not received any benefit or compensation, regardless of the duration, amount, form or scheme.
    2. Due to adoption, foster care or guardianship:

      • The judicial decision that grants adoption or guardianship, or the administrative or legal decision that grants foster care, whether pre-adoptive, permanent or simple, as long as, in the last case, it lasts for a period no less than one year, and even if the foster care is temporary. In the event of simple foster care, the notification of the body of the autonomous communities that regulate it shall be deemed valid.
      • In the case of adoption or the fostering of minors, children over six years old, if the minors are disabled, a certificate from the Institute of Social Services and the Elderly (Imserso) or the competent body in the autonomous region in question must be submitted to certify that the adopted or fostered child has a degree of disability of 33% or higher, or a certificate from the competent child protection body certifying that the adopted or fostered child, due to their personal circumstances or because they come from abroad, has special social or family integration difficulties.
      • Where appropriate, the family record book or, failing this, the child or children's registration certificate if these data are not automated in the Registry Office.
      • If both parents work, the leave period will be distributed as the interested parties choose, and can be taken either simultaneously or successively, provided that these periods are continuous. For this purpose, page no. 5 of the application form must be filled in.

        1. International Adoption or fostering:

          • When a prior trip by the parents to the country of origin of the adopted child is necessary, the documentation issued by the competent body of the autonomous region will be provided, containing the justification for the start of the procedures for adoption or foster care.
          • Adoption granted in a foreign country and registered at a Spanish consular office: Proof of registration or the document authorising the granting of adoption and its registration.
          • Adoption and guardianship for the purpose of adoption, granted in a foreign country and not registered in Spain:
            • Administrative decision or court ruling proving that the adoption or guardianship was granted.
            • Visa for the minor issued by the Spanish consular office.
            • Certificate, decision or declaration of suitability of the person adopting the child, issued by the competent Spanish authority.
            • Document that shows that the applicant has started the procedures leading to formalising the adoption in Spain or, where appropriate, registration of the adoption at the Registry Office.
    3. IN THE EVENT OF PATERNITY

      1. Due to birth:

        • Family record book or, failing this, the child or children's registration certificate if these data are not automated in the Registry Office.
      2. Due to adoption or fostering:

        • The judicial decision that grants adoption or guardianship, or the administrative or legal decision that grants foster care, whether pre-adoptive, permanent or simple, as long as, in the last case, it lasts for a period no less than one year, and even if the foster care is temporary. In the event of simple foster care, the notification of the body of the autonomous regions that regulate it shall be deemed valid.
    4. OTHER DOCUMENTATION:

      1. In the case of disability/dependency of the applicants and the children: Disability certificate recognising the degree of disability of 33% or higher (except for the extension of non-contributory maternity where the degree must be 65% or higher) issued by Imserso or the competent body in the autonomous community.

        In the case of disabled children or fostered minors under three years old, a certificate issued by Imserso or the competent body in the relevant autonomous community must be submitted, certifying that the degree of disaility is 33% or higher, or that the assessment of the degree and level of dependence is at least grade I moderate, according to the specific assessment scale for children under three years old. When the degree of disability has not been determined, as in the case of newborns, a report from the Public Health Service or a medical report from a public or private hospital will be sufficient, in the latter case endorsed by the Public Health Service, recording the disability or its possible existence.
      2. In the case of large families: Certificate proving large family status or proof of having requested one.
      3. The status of single-parent family will be certified if only one parent has been recorded in the family record book. If two parents are recorded, the death certificate or the judicial decision declaring that the other parent has abandoned the family must be provided.
      4. In the event that the newborn is admitted to hospital after birth, thereby giving rise to an extension of the leave period, a document issued by the hospital certifying the hospitalisation and specifying the circumstances affecting the newborn that require such hospitalisation, as well as its start and end dates.
      5. In the event of leave on a part-time working day schedule:

        • For workers employed by another person, a document that certifies the employer-worker agreement on taking maternity/paternity leave under a part-time schedule.
        • For self-employed workers, a document from the interested party that certifies the terms under which they will carry on their activity under a part-time schedule.
      6. Intermittent-permanent employees who do not receive contributory unemployment benefits: The document used to certify this status for births, adoptions or fosterings that occur between working seasons, without prejudice to the accrual of the benefit when the activity resumes.
      7. If a benefit for temporary disability is being received,  directly paid by a Social Security Mutual Society Partner, a certificate issued by this entity must be submitted, indicating the calculation of the regulatory base and the end date of the benefit.
      8. If the worker is receiving unemployment benefit: Certificate from the Public State Employment Service with the benefit suspension date.
      9. Workers in the Special Scheme for Self-employed Workers (with the exception of those included in the Special System for Self-employed Agricultural Workers and financially-dependent workers) must submit a declaration of their activity status if the managing body requests.

 

 

This documentation may be submitted at any Social Security Support and Information Centre or, if you have a digital certificate, via the Service: Maternity and Paternity.


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