Financial Benefits / Amount

Financial Benefit

  • The financial benefit consists of a benefit equivalent to 100% of the corresponding regulatory base. 
  • In cases of multiple births and of adoption or foster care of more than one minor simultaneously, a special benefit is granted for each child or foster child, starting from the second and equal to the benefit for the first child, during a period of 6 weeks immediately following the birth or, in the case of adoption or foster care, as of the administrative decision or court ruling granting foster care or the court ruling granting the adoption.

Regulating base

General rule:

  • The base rate (BR) will be equivalent to that established for the |IT benefit  in accordance with common contingencies, and taking as a reference the  date the leave commenced. 
  • When the leave period is taken , either simultaneously or successively by both biological, adoptive or foster parents, the benefit amount will be determined for each parent based on their respective base rate (BR).

In the case of workers with part time contracts:

  • The daily  BR will be the result of dividing by 365 the sum of the accredited contribution base paid at the company in the 12 months prior to the date of the causal event.
  • If the worker has been working for the company for less than 12 months, it will be the result of dividing the sum of the accredited contribution base by the corresponding number of calendar days.

 In the case of trainee contracts and apprenticeships/trainee research staff:

  • The BR will be the minimum contribution base of the General Regime in the case of workers with a trainee or apprenticeship contract. 
  • The BR will be the minimum base corresponding to group 1 contributions in the General Regime, in the case of trainee research staff.

In the case of artists and bull-fighting professionals:

  • The BR will be the daily average resulting from dividing by 365 the total contribution base for the  12 months prior to the causal event, or the daily average for the accredited contribution period, if it is less than one year.
  • Under no circumstances can the resulting daily average be less, as a monthly calculation, than the minimum contribution base which   applies to the occupational classification of the worker. 

Notwithstanding the terms described in the above sections, the benefit can be awarded by means of a provisional decision from the National Social Security Institute using the latest contribution base entered in the system's corporate databases.

If the contribution base for the month immediately prior to the start of the leave period is different from the one used in the provisional decision, the benefit will be recalculated and the definitive decision will be issued. If there is no change in the base, the provisional decision will become definitive three months after it is issued.

If the leave  is taken under the part time regime:

  • The reduction in the BR will be inversely proportional to the reduction in working hours.

In cases of Pluri-employment or Pluri-activity:

  • The BR is calculated taking into account all the contribution bases corresponding to each of the companies or activities, applying the current maximum limit for contributions.

Exceptionally, the BR can be changed in the following cases:

  • When the minimum contribution base applicable to the worker in the regime in question is changed, in order to update the amount from the date this new minimum base comes into effect.
  • When the contribution base increases as a result of an increase in salary, by virtue of a legal provision, collective agreement or judicial ruling, the economic effects of which are applied retrospectively to a date prior to the start of the period of leave.
  • When, in order to calculate the benefit, the latest contribution base entered in the corporate databases of the system has been used and it is later confirmed that this does not match the contribution base for common contingencies for the month prior to the start of the period of leave.

 

Interruption and resuming the subsidy for hospitalisation

In the cases of premature birth and cases in which, for any other reason, the newborn must remain hospitalized after the birth, when the benefit is resumed, once the minor is discharged from hospital, the same amount will be received as was being paid before the interruption, except when it has been necessary to modify the regulatory base due to any of the legally provided for circumstances being present.

Maternity, TD and Contract Termination

A beneficiary who continues to need healthcare after the period of maternity leave as a consequence of the birth, as she is unable to work:

  • Will be considered as being in a situation of temporary disability (TD) due to common disease.
  • Payment of the benefit corresponding to the new contingency begins at that time, if the requirements are met and there is no continuity solution.
Temporary disability begun prior to the birth, when the woman has not opted to take maternity leave:

  • The temporary disability benefit continues until the birth, leaving the woman the option to take maternity leave. Maternity leave starts from the date of the birth. If the TD situation continues after maternity leave finishes, the calculation of the interrupted temporary disability benefit will be resumed, even if the contract has been terminated.
  • If the interested party finds themselves in a situation of extension of TD effects they can also gain entitlement to the maternity benefit if, after the date of birth, they meet the requirements to do so, thereby interrupting the calculation of the situation of extension of effects, which will be resumed, if applicable, once the maternity benefit has expired.

 

TD due to common or occupational contingencies that occur during the maternity leave period:

The right to the temporary disability subsidy is not recognised during the maternity leave period. Following this period, if the interested party requires healthcare and is unable to work, the corresponding situation of temporary disability will begin, as long as the requirements are met.

However, if the TD process begins while receiving a maternity benefit under a part-time working schedule:

  • Both subsidies may be collected simultaneously. In this case, the base rate will be calculated on top of the part-time working day contribution basis, which is compatible with maternity benefit. For self-employed workers, the base rate for TD benefit will be reduced by 50%, where appropriate.
  • If the paternity benefit expires and the worker remains in a TD situation, the benefit for this contingency will continue at the amount corresponding to the full-time working day schedule, although for the purposes of calculating its duration and percentage, the date of discharge from hospital in the part-time working day schedule will be taken as the reference point.

 

Contract termination for female workers whose situation of TD arising from common or occupational contingencies is interrupted due to beginning maternity leave:

Termination of a contract when the maternity leave period has begun:

  • Maternity benefits are collected until the end of this situation. When the leave period is taken under the part-time scheme, the maternity subsidy is collected in full from the date on which the contract was terminated.
  • If the other parent is taking a period of leave under either the full-time or the part-time working day schedule, the relevant benefit will remain under the same terms under which it was being collected previously.
  • If at the end of the mother's maternity leave her previous TD situation continues, the interrupted calculation and the payment of the corresponding benefit will be resumed, in accordance with the provisions of article  283 of the LGSS.

Termination of a contract prior to beginning maternity leave, even if the worker is not completely unemployed and is receiving the contributory-level financial benefit or if it was terminated during the temporary disability period prior to maternity:

  • The worker has the right to the maternity benefit from the first day of leave, interrupting the temporary disability prior to birth and the payment of the corresponding subsidy, which is replaced by the maternity subsidy.

  • A mother also has the right to maternity leave when there is no continuity solution between the temporary disability ending in medical discharge and the beginning of maternity, either due to the medical discharge from temporary disability and the beginning of the maternity leave occurring on the same day, or because the latter occurs the day after the former.
  • If either parent's employment contract is terminated prior to the start of maternity leave, any benefit that may be applicable will be paid in full and the leave may not be shared between these parents under the part-time working day schedule.

 

TD that started after resuming the provision of services or professional activity, when the interested party has opted to interrupt the receiving of the maternity benefit in cases of premature birth and those in which the newborn must remain hospitalized following the birth:

  • The temporary disability process is interrupted due to the child's release from hospital, with the corresponding resumption of the maternity subsidy.
  • Upon completion of the maternity subsidy, if the temporary disability continues, the subsidy corresponding to this contingency will be resumed.
Contract termination while the worker is in a situation of maternity:

  • The maternity benefit is still provided up to the end of the situation, at which time her situation changes to legal unemployment and she receives the corresponding benefit, if the necessary requirements are met.
  • In this case, the time spent on maternity will not be deducted from the period in which the interested party was receiving the benefit for contributory unemployment.
If the worker is receiving full unemployment benefit and changes to a situation of maternity:

  • Unemployment benefits will be suspended as well as Social Security contributions and she will change to receiving maternity benefits, managed directly by her Management Body.
  • After maternity benefits end, unemployment benefits will begin again and continue for the time that remains and at the same amount as at the moment of suspension.

 

 

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