Protected situation
-
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.