Social Security

Recipients

• All "employees", in both the private and public sector, who take periods of leave to care for children, whether natural or adopted, or for foster children, in permanent or pre-adoptive foster care, although this may be temporary, and to care for a family relative up to the 2nd degree by blood or affinity, who for reasons of age, injury, illness or incapacity cannot take care of themselves and is not in paid employment.
  
  For these purposes, |art.  46.3 of RDL  1/1995, of 24 March, which approved the Revised Text of the Workers' Statute Act, states that:
  
  "Workers shall have the right to a period of leave no greater than 3 years to care for each child, whether natural or adopted, in permanent or pre-adoptive foster care, although this may be temporary, counting from the date of birth or, where appropriate, court ruling or administrative decision".
  
  "Workers shall also be entitled to a period of leave no greater than 2 years, except when a longer period is agreed by collective bargaining, to care for a family relative up to the second degree, by blood or affinity, who due to reasons of age, injury or disability, cannot look after themselves alone and does not carry out any paid work." 
  
  "The period of leave described in this paragraph, which may be taken intermittently, is an individual right of male and female workers. Nevertheless, if two or more workers from the same company acquire this right for the same originator, the employer will be able to limit their simultaneous exercise of the right for justified reasons related to the smooth running of the company." ...

• Excluding self-employed workers in the Special Schemes for Agriculture, Trabajadores del Mar and Self-Employed Workers.

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Contents / calculation period

The following will be considered to be "effective contribution periods with a view to the recognition of retirement, permanent disability, death and survival and maternity and paternity benefits:

1. The first two years of the period of leave taken by workers, in accordance with article 46.3 of the Workers' Statute (ET), to care for a child or foster child, in permanent or pre-adoptive foster care, even if this is temporary.
   
   If the family unit that the child (for whom care leave is being requested) is a part of is considered to be a large family, the effective contribution period will be:
   
   - 30 if it is in the general category.
   - 36  if it is in the special category. 
   
   
2. The first year of leave that workers take off, in accordance with art. 46.3 of the ET, to care for other family relatives up to the 2nd degree by blood or affinity who, due to their age, injury, illness or disability, are not able to take care of themselves independently, and do not carry out paid work.
   
   
3. The contributions made during the first two years of the reduced working day period to take care of a child under 8 years of age, under the terms of |art.  37.5 of ET, will be calculated as being increased by up to 100% of the amount that would have corresponded if there had been no reduction in the working day. For other types of reduction in the working day (disabled persons over 8 years of age or family relatives up to the 2nd degree), this increase will refer only to the first year.
   
   
4. When the leave situations described in sections 1 and 2 have been preceded by a reduction in the working day under the terms given in art. 37.5 of the ET, the contributions made during the reduction in the working day period will be calculated after being increased by up to 100% of the amount that the would have been relevant if there had been no reduction in the working day.
   
   
5. If the periods indicated above are not taken in full, only the period actually taken will be calculated for contribution purposes.
   
   
6. The calculation will begin for a new contribution period for each leave of absence taken which subsequent children, minors or other family members may give rise to.

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Effective dates

• It will be calculated for seniority purposes..
• The right will be granted to attend professional training courses.
• During the first year, the worker will retain the right to their job position; for large families, this period will be extended to the first 15 or 18 months of leave, according to the category. After the relevant period has expired, they will retain the right to a job position in the same professional group or equivalent category.
  

• Will be considered as a situation of assimilated contribution.
• Cannot be calculated as contributory employment in order to obtain these benefits.
• When calculating the required contribution period, the 6-year period prior to the legal unemployment situation can be taken into account, or up to the time when the requirement to make contributions ended, for the equivalent period that the worker has remained on a forced leave of absence.
  

With a view to granting retirement, permanent disability, death and survival, and maternity and paternity benefits, the period of leave considered to be the "effective contribution period" will serve:

• Determine the minimum contribution periods for entitlement to benefits.

• To determine the regulatory base  of the benefit that arises. For calculation purposes, the contribution basis to be considered will consist of:

• The average of the contribution bases for the 6 months immediately prior to the beginning of the period of leave of absence to care for the child, fostered minor or other family member.
• If this 6 month contribution period has not been confirmed, the average of the certifiable contribution bases for the period immediately prior to the beginning of leave will be calculated.

• To determine the percentage applicable to certain benefits, such as retirement.

• Maintain the right to the Social Security health care benefits .

• During this period, beneficiaries will be considered to have active contributor status.

For the period that the worker remains on leave of absence that exceeds the period considered to be an effective contribution period, they will be considered to have assimilated contributor status in order to access Social Security benefits, except for temporary disability, maternity and paternity benefits.

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Non-prescriptiveness

• The right to the recognition of a non-economic benefit does not expire, so the person can claim it at any time, and this may give rise , if this were the case, to the revision of the amount of benefits already recognised, as well as the recognition of new benefits denied earlier as the period of leave with the reservation of the work position was not calculated as effectively contributed.
  
  
• This fact of non-prescriptiveness will be understood, without prejudice to the economic effects of the revision or the recognition of the benefit are produced as of 3 months before the date on which the corresponding application is submitted.

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Obligations of the company

• Companies must inform the Treasury General of the Social Security, within the deadline of 15 days as of the day on which the periods of leave from work to care for a child, foster child or other family members starts and ends, with the right to the reservation of the work position

• By not this sending this notification, you may be subject to the relevant penalty, in accordance with the seriousness of the violation, and in compliance with the provisions set forth in RD  Legislative 5/2000, of 4 August, which approves the Revised Text of the Law on Penalties and Sanctions in the Social Order.

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Reduction of contributions by the company

Interim contracts signed in order to substitute workers in a situation of leave for the care of a child, will have the right to a reduction in the company's contribution to the Social Security for common contingencies, when these contracts are signed with the beneficiaries of unemployment benefit, on a contributive or assistance level, who have been receiving the benefit for over 1 year.

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Documents which must accompany the application

All that has to be done is to state the corresponding period contributed at the time it is necessary to justify its origin.

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