General Scheme

Protected situation:

Any reduction in working hours along with the proportional reduction in salary experienced by the parents, adoptive parents or foster parents  in  pre-adoptive and permanent foster care, in those cases where both parents work, in order to care for their dependent minors suffering from cancer or another serious illness included on the list provided in the appendix of RD 1148/2011, of 29 July, which requires long-term hospital admission in order to provide  direct, continuous and permanent care, during the period of hospitalisation and the ongoing treatment of the illness, shall be deemed a protected situation.

Long-term hospital admission is also deemed to include the ongoing medical treatment or care of the minor at their home address after diagnosis and hospitalisation for a serious illness. 

The certification of a protected situation, even for cases where the care and diagnosis has been carried out by private medical services, shall consist of a certified statement from the |SPS or administrative healthcare body of the corresponding Autonomous Community responsible for the care of the minor. Furthermore, in cases where the diagnosis and treatment of the cancer or serious illness of the minor has been carried out by private medical services, a certified statement of the doctor from the centre responsible for the care of the minor shall also be required.

The appointment of an individual as guardian of the minor shall also be deemed a protected situation under the same terms established for case of adoption and fostering, in cases where the guardian is a family member who, pursuant to civil legilsation, may not adopt the minor.

In cases of a relapse of the minor as a result of the cancer or serious illness, another hospital admission will not be required if a new medical statement is provided to certify, after the diagnosis and hospitalisation, the need for   continued medical treatment and for direct, continuous and permanent care of the minor by the parent, adoptive parent or foster parent. 

Originaters

The dependent children or foster children of the beneficiary as long as:

  • They are under 18 years of age.
  • They suffer from cancer or another serious illness that requires long-term hospital admission.
  • And, in addition, they require direct, continuous and permanent care from their parents, adoptive parents or foster parents.

Recipients/Requirements

Employed or self-employed and equivalent workers shall be beneficiaries, irrespective of their gender, as long as:

  • They reduce their working hours by at least 50%. The benefit shall be granted in proportion to the reduction made to the working hours of the employed person.

    In order to receive the benefit, the percentage of the reduction in working hours shall be calculated in relation to working hours of a full time equivalent employee working at the same work centre and for the same company, in a similar or identical job, and shall not take into account any other reductions to working hours that employed workers may be entitled to for reasons of the legal guardianship of minors, to care for family members or for any other reason.

    Part-time workers shall not be entitled to the benefit in cases where the effective duration of their part time working hours is less than or equal to 25% of the working hours of a comparable full-time employee. Notwithstanding, if the worker is employed under two or more part time contracts, the effective working hours of both contracts shall be added together to determine whether the hours exceed the aforementioned limit.
  • They are affiliated and have active contributor status in a Social Security Scheme.

    Within each family unit, both of the parents, adoptive parents or foster parents must prove that they are affiliated and have active contributor status in a public social security system, or, only one parent, adoptive parent or foster parent is required to do so in cases where the other, due to his/her profession, has a mandatory requirement to join a mutual social insurance scheme as specified by the corresponding professional body.  

    This requirements shall be deemed fulfilled in circumstances where the parent, adoptive parent or foster parent who is the beneficiary is covered by a special agreement within the Social Security System since he/she works in a country with which there is no international social security instrument.

  • They can prove the required contribution period in each case:
     
    • For those who  are younger than 21 years of age on the date when the reduction in working hours begins: no contribution period is required.
    • For those who are older than 21 but less than  26 years of age on the date when the reduction of working hours begins: 90 days of contributions within the 7 years immediately prior to said date. Alternatively, the aforementioned requirement shall be deemed fulfilled in cases of those who can prove 180 days of contributions throughout their working life, prior to the date in question.
    • For those who are 26 and over on the date when the reduction in working hours begins: 180 days of contributions within the 7 years immediately prior to said date. Alternatively, the aforementioned requirement shall be deemed fulfilled in cases of those who can prove 360 days of contributions throughout their working life, prior to the date in question.

In cases of part-time workers, the time period immediately prior to the date when the reduction in working hours begins, in which the minimum required contributions must have been made, shall increase in inverse proportion to the period between the working hours worked by the worker in question and the usual working hours for the corresponding job and exclusively in relation to times during said period where less than normal working were worked.

  • They are up to date with all contribution payments for which they are directly responsible, even if the benefit has been granted as a consequence of the reciprocal calculation of contributions in a scheme for employed workers.

    To this end, the payment request mechanism provided for in |art.  28.2 of Decree 2530/1970, of 20th August, shall apply, no matter which Social Security Scheme the interested party belongs to when he or she receives the benefit or has reason to receive it. 
  • In case of multiple employment, the benefit will be granted in proportion to the percentage of the reduction to the total sum of the working hours from all the different jobs.
  • In cases of multiple activity, the workers may receive the benefit under each of the Social Security schemes in which they meet the established requirements.

    If  workers can prove they can meet the conditions required in order to access the benefit under just one of the schemes, a single benefit will be granted and only the contributions paid in to said scheme will be counted.

    If the requirements are not met for any of the schemes, all of the contributions made into these schemes will be added up, as long as they do not overlap, and the worker will gain entitlement to the benefit in the scheme in which they have most certified days of contributions.

Determination of the Beneficiary

  • In cases where both parents, adoptive parents or foster parents are entitled to the benefit, it shall only be granted to one of them.

  • In cases where the parents are legally separated, divorced or where their marriage is annulled, if both parents, adoptive parents or foster parents were entitled to receive the benefit, it may be granted to one party by mutual agreement. In the absence of an agreement or an express judicial provision, the beneficiary shall be deemed  as the person who has custody of the minor and, in cases of shared custody, to the first party to apply. The provisions in this section shall also apply in cases of the break-up of a family unit based on a similar emotional relationship to that of a marriage.

  • Provided that both parents, adoptive parents or foster parents meet the stipulated requirements, and where agreed between both parents and the respective company or companies, the payment of the benefit may alternate between both parents in periods of no less than one month. In such cases, the payment of the benefit will cease when a new benefit is granted to the other parent, adoptive parent or foster parent.

    The agreement regarding the alternating payment of the benefit may be requested at any time during the entitlement period.

Commencement of the Right / Duration

The entitlement starts on the day on which the reduction of working hours commences, provided that the application is submitted within three months of that date. For applications submitted outside said period, the benefit will be backdated for a maximum term of three months.

The benefit shall be granted for an initial period of one month and can be extended by subsequent periods of two months whilst the minor still requires direct, continuous and permanent care, as certified by a statement from the Public Health Service or the administrative healthcare body of the corresponding Autonomous Community (or from the INGESA in Ceuta and Melilla), with the entitlement expiring on the date when the minor reaches the age of 18.

When the direct, continuous and permanent care of the minor is required for a period of less than two months, as accredited in the corresponding medical statement, the benefit shall be granted for the specific period stated within said statement.

Financial Benefits / Amount

  • This benefit is a daily accrual benefit, equivalent to 100% of the regulatory base(RB) established for the benefit for temporary disability (TD) arising from occupational contingencies or, where applicable, arising from common contingencies for those who have not opted for professional contingency coverage, and in proportion with the reduction of working hours.

In cases where the worker is not covered TD contingencies under the scheme that is required to grant the benefit, the RB shall be the contribution base for common contingencies.

The RB shall be changed or updated at the same time as the corresponding contribution bases.

  • In cases of part-time employed workers, the daily RB of the benefit shall be the result of dividing the sum of the accredited contribution bases at the company during the 3 months immediately prior to the date when the reduction in working hours begins, by the number of calendar days within said period. The corresponding percentage for the reduction in working hours will then be applied to said base.

    In cases where the worker has been working at the company for less than three months, the RB shall be the result of the dividing the sum of the accredited contribution bases during the period worked between the no of calendar days within said period.
  • In cases of multiple employment, for the purposes of the  RB, the contribution bases for each of the companies or activities shall be taken into account, whilst applying the maximum limit established for contribution purposes.

Suspension and Termination of the Right

Payment of the benefit will be suspended:

  • In situations of temporary disability, during periods of maternity or paternity leave, in cases of risk during pregnancy and risk during breastfeeding, and generally in situations when the reduction of working hours in order to care for minors affected by cancer or another serious illness coincides with any other grounds for the suspension of the employment relationship.

    When, for health reasons, the person caring for the minor is unable to provide said care and is in a situation of temporary disability or on mandatory maternity leave due to the birth of a child, a new benefit may be granted to the other parent, adoptive parent or foster parent provided that they meet the requirements for receiving said benefit.
  • In cases where the payment of the benefit is switched to the other parent, adoptive parent or foster parent, all payments to the person who was initially granted the benefit will stop on the date when the the benefit is granted to the other parent, adoptive parent or foster parent.  

Payment of the benefit will cease:

  • When the beneficiary fully returns to work or resumes his/her working activity, ceasing the reduction of working hours to care for a minor, for whatever reason.
  • When the need for direct, continuous and permanent care of the minor ceases, due to an improvement in the condition of the minor or due to medical discharge as a result of recovery, according to the report of the Public Health Service (SPS) or the administrative healthcare body of the corresponding autonomous community responsible for the care of the minor.
  • When either of the parents, adoptive parents or foster parents of the minor leaves their employment, notwithstanding their entitlement to receive a new benefit when they return to work, if the necessary requirements are fulfilled and provided that the minor still requires direct, continuous and permanent care.
  • When the minor turns 18 years of age.
  • In the event of the death of the minor.
  • In the event of the death of the beneficiary.

The beneficiaries are required to inform the corresponding managing body or mutual society of any circumstance that may imply the suspension or termination of the entitlement to the benefit.

The managing body or mutual society may, at any time, carry out actions deemed necessary in order to confirm that beneficiaries continue to meet the benefit eligibility requirements.

Management / Payment

The benefit shall be processed by:

  • The corresponding management entity or Social Security mutual society partner, which covers the worker's occupational contingencies.
  • In cases where the worker is not covered for professional contingencies, the managing entity or mutual society covering the temporary disability due to common contingencies shall be responsible for processing the benefit.
  • In cases where the worker has not opted for temporary disability coverage under the Social Security Scheme under which he or she is entitled to the financial benefit, the corresponding body of the Social Security shall be responsible for processing the benefit.

The payment of the benefit will be made by the  corresponding managing entity or mutual society with effect from the benefit start date, in monthly payments in arrears.

Responsibility for the payment shall remain in force until the expiry date of the association document or until expiry of the formalised cover. If, upon expiry, there is a change in relation to the entity providing coverage for the professional or common contingencies, the new entity will undertake responsibility for the payment for the following 12 month period, and for subsequent payments in cases where the coverage continues.

In cases of part-time employed workers, the benefit is accrued on a daily basis, although payments are made on monthly basis.

[The employer is required to pay only the contributions they are responsible for, which include Social Security contributions and any other joint collection items that may be applicable].

Recognition of the right to benefits

Benefit application:

The procedure for granting the benefit starts with an application submitted by the worker to the relevant provincial directorate of the corresponding managing body in the province where the worker resides, or to the corresponding Social Security mutual society partner.

All applications must be submitted on t he approved forms issued by the corresponding managing body or Social Security mutual society partner, and must contain the data stipulated in article 70 of Law 30/1992, dated 26 November, on the legal framework for public administrations and the common administrative procedure (BOE27/11).

The information or, where applicable, the documents indicated on the appropriate forms must be submitted together with the application. 

Resolution and notification:

After reviewing the data and documentation submitted and confirming all the necessary eligibility requirements, events and conditions, the corresponding managing entity or mutual society will issue an express resolution and notify the applicant as to the granting or refusal of the benefit within a period of 30 days from receipt of the application.

If, after the 30 day period referred to in the previous paragraph, no express resolution or notification has been issued, the application shall be deemed rejected pursuant to section 2 of the 25th additional provision of the consolidated text of the LGSS.

Express or presumed resolutions issued by the managing body or mutual society may be appealed pursuant to article 71 of Law 36/2011, dated 10th October, governing social jurisdiction. 

Documents which must accompany the application

(The original must be submitted together with a copy for authentification or with an already authentificated photocopy, except for identity documents, where showing the original will suffice).

IN ALL CASES:

  • Proof of identity of the interested parties (also of the originator if they are 14 years of age) by means of the following valid documentation:
    • Spanish citizens: National Identity Document (DNI).
    • Foreign citizens: Passport or, where appropriate, valid identity document in their country and NIE (Foreigner Identification Number) required by the AEAT for payments.
  • Certificate from the company including details of the  worker's contribution bases for occupational contingencies, or for common contingencies where applicable, for the month prior to the date when the reduction of working hours began and, where applicable, the amounts of irregular payments paid during the year prior to said date.
  • Certificate from the company regarding the start date of the reduction of working hours, pursuant to paragraph 3 of article 37.5 of the Workers' Statue, indicating the percentage of said reduction of  working hours. 
  • Documentation relating to contributions:
    • For Artists and Bullfighting Professionals: Declaration of activities and receipts for performances that have not previously been submitted to the TGSS.
    • Workers responsible for paying contributions: Receipts for payments from the last 2 months.
  • Permanent domestic employees are required to provide a statement from the person in charge of the family home, confirm the extent of the effective reduction of working hours.
  • Report from a Public Health Service doctor stating that the minor is suffering from cancer or another serious illness that requires long-term hospital admission and indicating the estimated duration of the admission and whether the minor requires on-going treatment for the illness, outside of hospital, as well as the estimated duration of said treatment.
  • Family record book or, if not available, certificate of registration of the child in the Civil Registry or court ruling granting the adoption.
  • Legal or administrative resolution approving a pre-adoption or permanent fostering arrangement or granting guardianship of the minor, where applicable.

IN CASES OF WORKERS RESPONSIBLE FOR THE PAYMENT OF CONTRIBUTIONS ONLY (self-employed, freelance or similar workers, and intermittent domestic workers):

  • Such workers are required to provide a statement expressly indicating the percentage of the reduction to their professional activities, in relation a 40 hour working week.

OTHER DOCUMENTS:

  • In cases where the parents do not live together, and in the absence of an agreement in relation to which parent should receive the benefit: documentation to accredit which parent has custody or care of the minor.
  • In the case of single-parent families: Family record book in which a single parent is recorded or, in the event that two parents are recorded, death certificate of one of these parents, or court ruling declaring family abandonment by one of the parents.
  • If the other parent does not belong to the Social Security System, they must provide, as applicable:

    • Certificate issued by the personnel department of their place of work stating that said parent is performing a job included in the Passive Classes System or
    • Certificate from the Professional Association to which they belong, if it is a professional activity.
  • FOR SELF-EMPLOYED OR FREELANCE WORKERS ONLY: a statement regarding the situation of the activity relating to the portion of the working day reduced by the self-employed worker.
  • ONLY IN CASES WHERE THE OTHER PARENT IS A CIVIL SERVANT, included within the scope of application of Law 7/2007, dated 12th April, on the Basic Statute of Civil Servants: a certificate issued by the human resources unit at his/her work centre, indicate whether said Basic Statue of Civil Servants applies to the worker in question, whether he/her is entitled to the leave stipulated in article 49.e) of said law, and the administrative situation of the worker in question.
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