Pregnancy risk

Is an unemployed woman entitled to the benefit?

In order to receive this benefit, the female employee must be an affiliate, affiliated to a Social Security regime. 

Consequently, female workers who are unemployed, which is a situation similar to affiliation, are not eligible to receive the benefit.

Is the benefit for risk during pregnancy incompatible with work?

No. In cases of pluri-activity or pluri-employment, the allowance may be received at the same time as carrying on with the activities the beneficiary was carrying out or may begin to carry out after the suspension of their contract and which do not pose a risk during pregnancy.

That means they can continue  carrying out other jobs, either employed by another person or on a self-employed basis, if these are compatible with their condition. However, the benefit will be stopped if they go back to the previous company or activity to carry out an activity compatible with their condition.

What is the maximum period for receiving the pregnancy risk benefit?

There is no maximum established period. The benefit will be paid for the period needed to protect the safety and health of the worker and/or foetus and will end on the day before the start of the suspension of the employment contract for maternity leave or the day the female worker resumes her previous job or another job compatible with her status.

Therefore, the duration of the benefit is only limited by the existence of the risk.

Who issues the certificate to establish the existence of this risk?

The medical certificate stating that the job conditions may have a negative effect on the health of the worker and/or the foetus will generally be issued by the medical services of the INSS, the ISM or the Mutual Society Partnering with Social Security, depending on the Body covering professional risks.

The procedure commences at the request of the interested party through a report which must be requested from the Public Health Service doctor. Said report must certify that the interested party is pregnant and must state the expected birth date.

Additionally, female workers employed by another person  should provide a company certificate on the activity they undertake and their working conditions and self-employed workers should provide a declaration on their activity status and on the lack of a job or role in said activity that is compatible with their condition and which could be carried out by them.

When does the right to the benefit come into effect for self-employed workers?

The beneficiary is eligible to the allowance from the day after the day on which a medical risk certificate is issued by the medical services of the management entity or an authorised collaborator, although, in all cases, the economic benefit will be paid from the date the corresponding professional activity terminated.

Workers signed up to the RETA, who are obliged to do so, should submit a declaration of activity status.

What happens if a company suspends a contract before the medical services have issued a medical risk certificate?

In the case of workers employed by another person, the entitlement begins the same day as the employment contract is suspended, but  the company may only declare the affected worker to be in a contract suspension situation due to risk during pregnancy on a date after the medical certificate of risk is issued by the medical services of the INSS or Mutual Society.

Is it possible to receive the subsidy granted for temporary disability during a situation of risk during pregnancy?

Only in cases of pluri-employment or pluri-activity when the situation of risk during pregnancy affects one or a number of the activities carried out by the worker, but not all of them, is she entitled to temporary disability benefits for the activities that she continues to carry out and   for which there is no declared risk.

Is a woman in a multiple activity situation who is included in various schemes entitled to the benefit in each of them?

If the risk situation affects all the activities undertaken, the female worker will have the right to receive benefits under each of the regimes, provided she meets the necessary requirements for each of them.

If the risk situation affects one or a number of the activities undertaken by the worker, but not all of them, she will only be entitled to the benefit which is paid through the regime in which the activities where the risk exists are included. In this case, the benefit will be compatible with carrying on with the activities that the worker has been undertaking previously or any that she may begin to undertake that do not pose a risk during pregnancy.

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