Risk during breast feeding

It consists of considering the period in which the employment contract is suspended or the activity is halted as a protected situation,  in cases where the working woman should change her work because it could affect  her health or that of the child, due to the existence of certain risks or pathologies, and that change is not possible or cannot reasonably be demanded for justified reasons.

Situations resulting from risks or pathologies that may have a negative effect on the health of the worker or her child are not covered when they are not related to work- or activity-related agents, procedures or conditions.

The workers entitled to claim this benefit will be those  whose work contract or professional activity has been suspended due to risk during pregnancy, provided they are affiliated and in registered employment under one of the Social Security systems on the date said suspension begins.

Furthermore, the workers who are directly liable for this, must be up-to-date with their contribution payments.

In the case of self-employed workers who have not opted for coverage of occupational risks, benefit is granted as resulting from a common disease or illness.

When workers are in either of these two situations, the fact that the risk is caused by all their activities or only by one will be taken into account. 

The amount is 100% of the base pension, which will be equal to that set for benefit for TD resulting from occupational causes or, if applicable, equal to that set for TD resulting from common diseases and illnesses, when the particular system does not include occupational risk coverage, starting on the date the work contract is suspended or professional activity ceases.

When payment is made, Social Security contributions will be deducted (salaried employees) and if applicable, the corresponding Personal Income Tax (IRPF)will be withheld.

• Salaried employees: Entitlement to benefit commences on the same day that the work contract is suspended for being at risk during breast-feeding, provided that the competent medical services have certified the at risk status .

• Self-employed workers: the day following that on which the competent medical services certify the at risk status, although benefit will not be received until the date professional activity ceases.

It will be paid during the period necessary to protect the health of the worker and/or her child and will conclude when the child reaches 9 months of age, unless the worker has previously returned to her previous job or professional activity, or to another compatible with her situation.

The benefit will be paid to workers on a part-time contract for all the days the work contract is suspended due to risk during the breast-feeding period, unless the worker has previously returned to her job  or  to another compatible with her situation.

• When the child reaches 9 months of age.
• When the female worker returns to her previous job work or professional activity or to others compatible with her situation.
• Due to termination of the work contract for the causes set forth in the legislation or due to deregistration in the special Social Security system that the worker belonged to.
• Due to discontinuation of breast-feeding.
• Due to death of the beneficiary or of the nursing child.

In general, responsibility for benefit management and payment will lie with the Managing Entity (National Social Security Institute (INSS)  or the Social Marine Institute (ISM) ) or partner entity (Mutual Insurance Societies) depending on the entity with which the company or worker has subscribed coverage of occupational risks.

In cases of workers belonging to the special system for self-employed workers who are not covered for occupational risks, the responsibility for and payment of the benefit lies with the Managing Entity (National Social Security Institute-INSS) or the partner entity (Mutual Insurance Society) that covers TD caused by common disease and illness.