Beneficiaries / Requirements

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Languages available: Castellano

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Languages available: Castellano

Biological maternity. What are the requirements that need to be met by the other parent in order to take part of the leave period following the birth?

  • They must meet the general requirements established and the mother must be affiliated to the Social Security system.

  • Additionally, at the start of the period of leave, the mother has to decide whether the other parent can take a certain and uninterrupted part of the leave following the birth, either at the same time as her own leave or following this, and whether they can continue taking the leave even though, on the date the mother was incorporated, she was in a state of temporary disability. The mother may revoke this decision in writing by contacting the INSS , if events occur that make the application of said option non-viable, such as the father's absence, if the father suffers an illness or accident or leaves the family, if they separate or other similar circumstances.

  • The benefit will be awarded on an individual basis in accordance with the corresponding sum.

Biological maternity. If the mother is not working, is the other parent entitled to take the maternity leave?

When the mother does not work, and is not included in a regime of the Social Security system , her right to maternity leave cannot be transferred to another party.

However, if the mother should die, whether she was working or not, the other parent will be entitled to maternity benefit payments throughout the maternity leave period, as long as that parent meets the requirements.

Biological maternity. In cases where the mother is not entitled to the contributory benefit because she is unable to show evidence of fulfilling the minimum contribution period, can the other parent receive it?

Yes. When the working   mother has not completed the required minimum contribution period and is awarded the non contributory allowance, during the corresponding leave period, the other parent, if so chosen by the mother, can receive the contributory benefit during the corresponding period of leave, deducting the duration and increase from the non-contributory benefit that, where applicable, would have been paid to the mother and provided the other parent meets the necessary   requirements.

The mother must decide whether to choose the option of allowing the other parent to take the leave at the start of the period of leave.

Biological maternity. If the mother dies in childbirth, what rights does the other parent have?

In the event of the mother's death either during or following the birth, the other parent may receive the benefit for the entire leave period or for the part of the period they wish to take, calculated from the date of the birth. The part that the mother would have received prior to the birth will not be deducted,  provided they can prove they meet the requirements and even if the mother was not signed up to the Social Security system.

Adoption or fostering. If the mother does not work, can the other parent take the maternity leave?

In this case, because it is an   individual right, the option to take this leave is not dependent on the mother taking said leave. Therefore, any workers may receive the benefit for maternity, adoption or fostering leave, whatever their sex, if they choose to take the corresponding leave and provided they show evidence of meeting the established requirements.

Adoption or fostering. How old must the adopted child be in order to qualify for maternity benefits?

They must be  under  6 years of age  or  minors over  6 years of age in the case of children  affected by   disabilities with a degree of disability equal to or greater than 33 percent or who,  due to personal circumstances or experiences or due to being brought in from abroad, have particular difficulties integrating into the family and socially. Evidence of these circumstances must be provided by the competent social services from the respective autonomous region.

Part-time maternity leave. Who are the recipients?

Workers employed by another person who take periods of Maternity Leave can do so either full time or part time. This right can be exercised   by either biological, adoptive or foster parent and under   any of the circumstances in which simultaneous or successive periods of leave can be taken.

Prior agreement between the employer and employee is essential. This agreement can be made both at the start of the corresponding period of leave and following the leave and can be extended to cover the entire leave period or a part of it. Once agreed, the agreed regime can only be changed by means of a new agreement between the employer and the employee affected, on the initiative of the employee and for reasons related to his/her own health or the health of the child.

Self-employed workers can also take part time maternity leave, for which the subsidies paid and reduction in activity can only be split 50/50. In order to be awarded this type of leave interested parties should let the management entity know, when requesting the corresponding benefit, which regime they wish to follow for their maternity leave.

However, in the case of birth, the mother may not use this form of maternity leave for the six week period immediately after the birth , which will be classed as obligatory leave.

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