Below are details of the general procedure
What is "risk during breast feeding"?
This is when a female worker who has had her contract suspended due to risk during breastfeeding a child under 9 months old, needs to change to a job that is compatible with her condition, since her current job has a negative influence on her health or that of her child, and this change is not possible or cannot be required for justifiable reasons.
What processes need to be carried out?
The worker must notify the managing Body or the Mutual Society Partnering with Social Security of the suspension of the contract or activity due to risk during breastfeeding, appending:
- A report from the Public Health Service doctor who is attending to her.
- A statement from her employer or from the self-employed worker herself detailing her job and activities, the conditions of the post, its category, the specific risk ...
The medical services of the managing Body or Mutual Society issue a medical certificate certifying that the job conditions have a negative effect on the health of the female worker or her child.
The worker should submit the application on the official form, together with the following documents:
- Declaration from the company stating that there is no other post available that is compatible with the worker's condition.
- The documentation needed to prove identity and the circumstances determining the right .
Where is it processed?
The application and documentation required must be submitted to any of the centres of the managing Body (INSS or ISM) or the Mutual Society Partnering with Social Security.
The Provincial Director of the managing Body (INSS or ISM) in the province in which the worker resides, will issue the resolution and notify the worker within 30 days.
When does the benefit start?
Female workers employed by another person: the entitlement begins on the day that the employment contract is suspended due to risk during breastfeeding.
Self-employed workers: the day after the certificate was issued by the medical services of the managing Body or Mutual Society.