General Scheme

• If a pregnant female employee, during the employment contract suspension period, has to change her job position for one that is compatible with her condition, under the terms provided for in article 26.4 of Law 31/1995, of 8 November, but this position change is not technically or objectively possible, or may not be demanded from her due to justified reasons, it is considered to be a protected situation.

When the circumstances described in the aforementioned article 26 affect a female civil servant who is part of the General Scheme and included in the scope of application of the EBEP , then leave for risk during breastfeeding will be considered to be a protected situation, for the purposes of the Social Security financial benefit.

• When situations arising from risks or diseases that may have a negative impact on the health of the female worker or her child are unrelated to agents, procedures or conditions of the job position or activity being carried out, they are not considered to be protected situations.

Female employees and female members of cooperative or employee-owned companies, that have declared a situation of contract suspension or authorised leave due to risk during breastfeeding, as long as they meet the following requirements:

• Being affiliated and registered in one of the schemes of the Social Security System. 

• They are considered to have full rights if registered and affiliated, even if the employer has not fulfilled his obligations.
• For bullfighting professionals, being included in the active census is equivalent to active contributor status.
• Legal strikes or lockouts are considered to be a special contributor status.

• In the case of commercial representatives, it is also required to be up to date on all contribution payments on the date on which the causal event takes place. If they are not up-to-date, they will be advised of the need get up-to-date with contributions, as the payment of the benefit is dependent on the fulfillment of this obligation.

• In the case of female artists and bullfighting professionals, if they owe payments due to adjustments made at the end of their financial year, the actions mentioned in the previous paragraph apply to them as well.

• In the event of multiple activity:

• If the risk situation affects all the activities carried out, the female worker is entitled to the benefit for each of the schemes, as long as she meets the requirements for each scheme independently.
• If the risk situation affects one or more of the activities carried out by the female worker, she will only be entitled to the benefit in the schemes in which the risky activities are included.
• Receiving the benefit will be compatible with continuing with those activities that the female worker had been performing or could have begun performing, as long as they do not pose a risk during breastfeeding.
• No minimum contribution period is required since it arises from occupational contingencies.

The financial benefit consists of a subsidy equivalent to 100% of the corresponding regulatory base, which will be equivalent to the base established for temporary disability benefit, arising from common contingencies.

• Beginning of the right to receive benefits:

The entitlement to the benefit begins on the same day that the employment contract is suspended due to risk during breastfeeding.

The financial benefit for risk during breastfeeding will not be granted until the maternity leave period has expired.

• Duration:

It is paid during the period required to protect the health of the female worker and/or her child, and the maximum duration is until the child turns 9 months old, unless the beneficiary has returned to her previous job position or started another job that is compatible with her condition prior to this time. 

In the case of part-time workers, benefits will be paid for all the calendar days during which the contract is suspended due to risk during breastfeeding, with the exception mentioned in the previous paragraph.

The right to receive a subsidy may be denied, cancelled or suspended, if the beneficiary:

• Commits fraudulent acts in order to obtain or keep a benefit.
  
  
• Performs any work or activity, either as a salaried worker or self-employed, if these started after the suspension of her work contract due to risk during breastfeeding, if these are incompatible with her condition.

The right to a benefit expires due to:

• The child reaching 9 months of age.
• Return of the female worker to her previous job position or professional activity or starting another job that is compatible with her condition.
• Termination of the employment contract by virtue of the causes established by law or ending the professional activity.
• Stopping breastfeeding.
• Death of the beneficiary or the breastfeeding child.