Non-economic benefit for child care, of a minor fostered or from other family members

Procedure


General Information


Aim:

The consideration as a period of effective contribution for a certain time of the period of leave of absence workers are entitled to for the care of each child, foster child or child belonging to another member of the family and the increase of contributions in certain cases when the work schedule is reduced to be able to care for a minor or disabled person.

Originators:

Each child, biological or adopted, or foster child, in the cases of permanent or pre-adoption periods, even if they are provisional.

Other family members, to the 2nd degree of consanguinity or affinity, who for reasons related to age, accident, illness or disability are unable to look after themselves and do not carry out any remunerated activity.

Beneficiaries:
  • All workers employed by another person.
  • Excluded are self-employed workers included in the Special Schemes for Sea Workers and Self-Employed Workers.

Further information about beneficiaries

Requirements:

Take the leave of absence stipulated in Article 46.3 of the Workers' Statute and a reduction of the work schedule for the purposes of caring for a minor or disabled person referred to in Article 37.5 of the previously mentioned Statute.

Effects:

For the effects of the benefits from retirement, permanent incapacity, death and survival, maternity and paternity, the period of leave of absence considered "effective contribution" will serve for: 

  • Accrediting the minimum contribution periods; determining the base pension and the applicable percentage in its case; maintaining the right to receive medical assistance offered by Social Security.
  • During said period, the beneficiaries will be considered as affiliated.

The period during which the worker remains in leave of absence which exceeds the period considered to be of effective contribution will be considered to be in a situation similar to that of affiliation to access the benefits (except IT , maternity and paternity).

Further information about effects

Period during which the contributions are considered effective: 

The first three years of the leave of absence workers take for the purpose of caring for each child or foster child.

The first year of the leave of absence workers take for the purpose of caring for other members of the family.

If a whole year is not taken, the contributions for the period of leave will be taken into account.

The calculation of a new effective contribution period will commence for every period of leave that could arise from successive children or minors or children belonginhg to other members of the family.

The increase, up to 100% of the contributions, in cases with a reduced work schedule for looking after a minor or disabled person.

Further information about contributions

Terms:

Companies must notify the Social Security Treasury General, within the period of 15 days, the start date and end date of the leave of absence, reserving the work post held by their workers.

Refusal / Expiry:

The right to recognise this benefit cannot be removed and it can be claimed at any time, which may require a review of benefits that have already been recognised, as well as recognising new benefits that were previously refused because they had not been attributable.

Forms:

There is no application form.

Documentation:

It will be sufficient to specify the period during which contributions were made if needed to justify its applicability.

Where to process the request:

Via the RED System or in any Administration Office of the Social Security Treasury General.

Competent body:

The authority to recognise contributions corresponds to the Social Security Treasury General.

Other information of interest:

Reduction of company contributions .

FAQs.

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