The Managing Body or Social Security Mutual Society Partner with which the company has agreed coverage for occupational contingencies is responsible for granting the benefit.
Initiation of the procedure:
The procedure is initiated upon the request of the female worker, by a report that must be requested from the Public Health Service doctor, in which the pregnancy situation and the probable date of birth is certified.
Using the aforementioned report and a certificate from the company on the activity carried out and the conditions of the job position, the female worker will request the issuance of a medical certificate stating the existence of risk during pregnancy for the relevant managing Body or collaborating body.
If the managing Body or collaborating body considers that the situation of risk during pregnancy has not arisen, they shall refuse the issuance of the requested medical certificate, informing the female worker that they are not eligible to start the procedure for acquiring the corresponding benefit.
Once the risk has been certified, if the change in job position has not been possible, the company will inform the affected female worker in a situation of contract suspension due to risk during pregnancy.
In order to gain entitlement to the benefit, the worker must submit the application to the competent provincial Directorate of the managing Body in the province in which she resides or to the appropriate Social Security Mutual Society Partner.
The application must be submitted using the standard forms, and it must contain the data and circumstances set forth in |art. 70 of Law 30/1992, of 26 November, on the Legal Framework for Public Administrations and Common Administrative Procedure, accompanied by the required documents.
Resolution and notification:
The provincial Director of the competent managing Body will make an express decision and inform the interested party within 30 days, counting from the receipt of the application from the interested party.
Notifications and communications addressed to applicants or recipients of the risk during pregnancy benefit, including benefit decisions, are not sent on paper but exclusively by electronic means.
These can be accessed at the e-office service Online notifications. This video provides information on how this service works: https://youtu.be/KCuTpYlv0yE
If the entitlement to the financial benefit is not initially granted, because it does not fall within the protected situation, the interested party will be informed, as applicable, of the date after which the benefit can be granted, taking into account the medical certificate on the existence of risk and the development of the gestation, in relation to the specific risk associated with the job position. Therefore, a new application in these cases will not be necessary, with the only requirement being to provide the required documentation.
If there are any contradictions in the declarations and certificates submitted with the application, or there is any evidence of possible connivance to obtain the benefit, a report from the Inspectorate of Work and Social Security can be requested, in order to demonstrate its agreement or disagreement in relation to the measures adopted by the company, which may determine the entitlement to the benefit. The request for the report must be accompanied by the submitted documentation.
The report must be issued within a maximum of 15 days, after which, a decision can be made, without taking into account said report, in regard to the granting or refusal of the financial benefit. As an exception, in these cases, the 30 day deadline will be suspended until the report has been received by the managing Body.
The entitlement to the benefit expires 5 years from the day after the date of the triggering event, notwithstanding the fact that the conditions that gave rise to the entitlement occurred within 3 months prior to the date on which the corresponding application was submitted.