Suspension and Termination

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Languages available: Castellano

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Languages available: Castellano

Can maternity leave or benefit be interrupted, suspended or cancelled?

It can be suspended:

  • in cases of premature birth and other cases where the newborn requires hospitalisation after birth, maternity leave and benefit can be suspended at the request of the beneficiary after the mother has completed the obligatory six-week leave after the birth. The leave may be resumed from the date the baby leaves the hospital for the amount of time remaining. If the mother should die, the other parent may interrupt the leave, even during the six weeks following the birth.
    However,   maternity benefit will still be paid if, during the period of entitlement to this benefit, the employment contract or activity of the beneficiary is terminated .
  • After the four-week period in the case of international adoption in which it is necessary for the adoptive parents to travel beforehand to the country of origin of the adoptee, and the corresponding judicial or administrative decision has not yet been made, the management body may suspend payment of the benefit as a precaution until the adoption takes effect.

It may be cancelled or suspended by the management body:

  • if the beneficiary had acted fraudulently to obtain or keep the benefit, or if the beneficiary was employed or self-employed during the corresponding leave periods, except in the case of maternity benefit combined with part-time work or cases of pluri-employment and pluri-activity. The periods during which the benefit is paid will correspond to the leave, which in these cases would be the periods not occupied by part-time work or the jobs or activity which preclude eligibility for the benefit.

What consequences does voluntary return to work have for the person on maternity leave?

  • If the period of leave is exclusively taken by one of the parents, in the event that the beneficiary voluntarily returns to work prior to completing the maximum period allowed, the entitlement to the benefit will end.

 

  • When leave is taken "successively or simultaneously" by both parents, in the event that either or both of them voluntarily return to work prior to completing the maximum period allowed, the entitlement to the benefit will end. The part remaining prior to completion of this maximum period will increase the length of time to which the other beneficiary is entitled to the benefit, provided that he/she has not returned to work.

 

  • In cases of biological maternity, the mother cannot return to work either part-time or full-time until the six-week period following the delivery date established as mandatory leave has elapsed.

Can the mother recover the right she transferred to the other parent to receive maternity benefit?

  • As regards births, the option exercised by the mother may be reversed if events occur that make her application unfeasible, such as absence, illness or injury of the other parent, abandonment of the family, separation, gender violence or other similar causes.

 

  • This will also apply in the event of the death of the other parent.
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