Birth and childcare

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Languages available: Castellano

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Languages available: Castellano

1. If I am a health worker and, because of the declaration of the state of alarm, I cannot start receiving the benefit for the birth and care of a child on the date of birth or adoption, can I start it on a different date?

  • Yes, workers and civil servants in the service of the civil health authorities of the public administrations, as well as personnel who may be called upon as a measure to reinforce the National Health System, may suspend the start of the rest of the service. This measure also applies to workers in sectors providing compulsory services (fire brigades, police officers, etc.)
  • This possibility will not apply to women in the case of biological births during the first six weeks, since such compulsory rest is justified on health grounds.


2. If I am a healthcare worker and I am already receiving birth and childcare allowance, can I stop the allowance as a result of the declaration of the state of alarm?

  • Yes, workers and civil servants in the service of the civil health authorities of the public administrations, as well as personnel who may be called upon as a measure to reinforce the National Health System who are called upon to return to work or who do so voluntarily without prior call, may do so without their right to benefits being prejudiced or the part of the rest that they have yet to enjoy being consumed. This measure also applies to workers in sectors providing compulsory services (fire brigades, police officers, etc.)
  • Women may not join in the case of biological birth, during the first six weeks, as such compulsory rest is justified on health grounds.

3. When will health workers who have not started or have suspended their rest due to the duty of availability during the state of alarm be able to take this rest?

  • In the case of compulsory rest, it shall be resumed as soon as the obligation to provide services ceases.        
  • In the case of the voluntary rest period, as the period of expiry of the administrative procedures has been suspended, the voluntary rest period may be taken beyond the child’s 12-month completion date, adding to this date the days on which the expiry period is suspended on the occasion of the declaration of the state of alert and, where appropriate, its extension.
  • This measure also applies to workers in sectors providing compulsory services (fire brigades, police officers, etc.)

4. How is the time limit for the voluntary part of the birth and childcare benefit affected by the state of emergency if I am not a health care professional?

  • As a result of the state of emergency, the expiry period for most administrative procedures has been suspended.    
  • This means that the voluntary leave period may be extended beyond the 12-month time limit, adding to that date the days during which the expiry period is suspended due to the state of emergency and any subsequent extensions, if applicable.

5. If I have had a child and am receiving birth and childcare benefits, can I be included in an ERTE?

If you are  receiving birth and childcare benefits and have been included in a job regulation process in which your hours have been suspended or reduced due to an ERTE, your benefits will not be affected until the  end of the birth and childcare leave period.


6. Si he tenido un hijo después de haber sido incluido en un ERTE como consecuencia del estado de alarma motivado por el COVID-19, ¿tendré derecho a la prestación de nacimiento y cuidado de menor? ¿qué importe tendrá la prestación?

  • If you have been included in ERTE, you will be entitled to birth and childcare benefit, so the first thing you must do is request that the Public Service of State Employment (SEPE) or the Social Marine Institute suspend your unemployment benefit and them apply for birth and childcare benefit from the Spanish National Social Security Institute or the Social Marine Institute.
  • The amount of the benefit will be 100% of the base rate of unemployment benefit paid to you by the SEPE or ISM.


7. If I receive a call claiming to be from the Social Security, asking me to install a mobile application to collect a benefit, should I install that application or provide any information?

  • No, in no case will our civil service staff contact you to request you install mobile applications for payments between individuals to pay you arrears or to make regular benefit payments.
  • Social Security entities only issue payments by deposit in the bank account provided by you or by issuing a cheque, in the cases provided.
  • If you receive a call of this kind, you can inform us by sending the telephone details, description of the situation and your contact details to our Enquiries Mailbox.
  • IMPORTANT: If you have used the extraordinary electronic service without digital certificate (due to the COVID-19 containment measures and declaration of state of alarm) to send us an urgent and undeferrable application or communication, we may need to contact you to resolve any issues in sending or managing your benefit. In these cases, the civil servant will identify themself and may give you details about the communication sent by you and the date of sending, as a guarantee that it is an official, legitimate request for details.


10. If as a result of the declaration of state of alarm I cannot obtain a mandatory document to process a benefit, how can I file by application?

  • You may provide alternative documents or evidence, notwithstanding the obligation to submit mandatory documents once the state of alarm is no longer in effect.
  • If you do not have or are unable to obtain alternative documents, you may submit a sworn declaration about these details or documents (link), notwithstanding the obligation to submit supporting documents of the facts or facts alleged later.  The benefit will be recognised, where appropriate, on a provisional basis and subsequently revised.  
  • You need not submit the standard  sworn statement document available at the e-Office, writing a document with the same details is sufficient. You can do so in writing and send us a photograph.
  • Submitting a sworn statement will serve to initiate and processing the file or procedure  requested.


11. If I have been contracted to implement agricultural employment measures adopted due to the state of alarm. Are the payments you receive compatible with the Social Security birth and childcare benefit?

Remuneration obtained for temporary agricultural work that meets the terms established in Royal Decree-Law 13/2020, of 7 April, is incompatible with birth and childcare benefit, but you can enjoy leave (except mandatory maternity leave) after the agricultural work benefit ends and until 30 June 2020.


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