General Scheme

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Start date 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 originator reaches the age of 23, as long as the cancer or serious illness persists, diagnosed before reaching the legal age.

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.

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.

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].

This benefit is exempt from income tax (IRPF).

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 the approved forms issued by the corresponding managing body or Social Security mutual society partner, and must contain the data stipulated in article 66 of Law 39/2015, dated 1 October, of the Common Administrative Procedure of the Public Administrations.

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 article 129.3 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 authentication or with an already authenticated 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, of the worker, pursuant to paragraph 3 of article 37.6 of the Workers' Statute Law, 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 Social Security General Treasury.
- 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 originator is suffering from cancer or another serious illness that requires long-term hospital admission and indicating the estimated duration of the admission and whether they require 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.
Judicial or administrative decision granting permanent foster care or guardianship for the purpose of adoption or, where appropriate, guardianship of the minor.

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.