subsidy FOR RISK DURING PREGNANCY FOR EMPLOYED WORKERS:
Written by Josep Conesa
Employment and insolvency lawyer
Protected situations:
For the purposes of this subsidy, a protected situation is one in which a pregnant worker finds herself during the period of suspension of her employment contract in cases where, although she is required to move to a different post compatible with her condition, such a transfer is not technically or objectively possible, or cannot reasonably be required for justified reasons.
Eligible recipients:
Employed workers whose employment contract has been suspended on grounds of risk during pregnancy shall be entitled to this subsidy, provided they are registered and in active status under one of the Social Security schemes and can evidence a minimum contribution period of 180 days within the five years immediately preceding the date on which the suspension of the employment contract begins.
On the same terms, workers enrolled in the Special Scheme for Domestic Employees who provide their services exclusively to a single household shall also be entitled to this subsidy.
Financial benefit:
The financial benefit for risk during pregnancy shall consist of a subsidy equivalent to 75 per cent of the applicable regulatory base.
For the purposes of calculating the subsidy for risk during pregnancy, the regulatory base shall be equivalent to that established for temporary disability (IT) benefit arising from common contingencies, taking as the reference date the day on which the suspension of the employment contract begins.
Commencement, duration and termination of entitlement:
Entitlement to the subsidy arises on the same day that the suspension of the employment contract on grounds of risk during pregnancy begins.
The subsidy will be paid for the period necessary to protect the health and safety of the worker and/or the foetus, and will end on the day before the suspension of the employment contract for maternity leave begins, or on the day the worker returns to her previous post or to another post compatible with her condition.
Termination of entitlement:
1.- Upon suspension of the employment contract for maternity leave.
2.- Upon the worker's return to her previous post or to another post compatible with her condition.
3.- Upon termination of the employment contract by virtue of the legally established grounds.
4.- Upon the death of the beneficiary.
subsidy FOR RISK DURING PREGNANCY FOR SELF-EMPLOYED WORKERS:
Protected situation:
A protected situation is one in which a pregnant worker finds herself during a period of interruption of her professional activity in cases where continuing that activity would have a negative impact on the health of the pregnant worker or the foetus, as certified by the medical services of the relevant managing body.
Beneficiaries:
The subsidy is available to self-employed workers who have interrupted their professional activity due to risk during pregnancy, provided they are registered and active in one of the Social Security schemes.
They must demonstrate a minimum contribution period of 180 days within the five years immediately preceding the date on which the certificate is issued by the medical services.
Workers registered under the Special Scheme for Domestic Employees are also eligible, provided they are not working exclusively for a single household and are therefore personally responsible for paying their contributions.
It is essential to be up to date with Social Security contributions, without prejudice to the payment invitation mechanism available under both the Special Scheme for Self-Employed Workers and the Domestic Employees Scheme.
Financial benefit:
The financial benefit for risk during pregnancy shall consist of a subsidy equivalent to 75% of the applicable regulatory base.
For these purposes, the regulatory base shall be equivalent to that established for temporary disability (IT) benefits arising from common contingencies, calculated by reference to the date on which the relevant medical certificate is issued.
Commencement, duration and termination of entitlement:
The entitlement to the subsidy arises on the day following the date on which the medical certificate is issued by the medical services of the relevant managing body, although the financial effects will not take place until the date on which the relevant professional activity ceases.
The subsidy shall be paid for the period necessary to protect the safety or health of the worker and/or the foetus, for as long as it remains impossible to resume professional activity:
Termination of entitlement:
1.- Upon commencement of the maternity rest period.
2.- Upon resumption of the professional activity carried out by the female worker.
3.- Upon deregistration from the Special Scheme of the Social Security in which the worker was enrolled.
4.- Upon the death of the beneficiary.
DENIAL, CANCELLATION AND SUSPENSION OF BOTH ENTITLEMENTS:
The entitlement to the subsidy for maternity and for risk during pregnancy may be denied, cancelled or suspended:
a) where the beneficiary has acted fraudulently in order to obtain or retain the subsidy.
b) where the beneficiary carries out employed or self-employed work during the corresponding rest periods — although in cases of subsidy for maternity, receipt of a part-time maternity subsidy is excepted; and in cases of subsidy for risk during pregnancy, where work carried out following suspension of the employment contract is incompatible with the worker's condition.
ADAPTATION OF REGULATORY TEXTS:
As a consequence of the entry into force of the Royal Decree, the following regulatory texts have been adapted accordingly.
A) General Regulation on company registration and the affiliation, registration, deregistration and data changes of workers, approved by Royal Decree 84/1996, of 26 January.
Workers employed by others, and those treated as equivalent, who are covered by the Social Security system schemes shall be deemed to be in a registered status for the purposes of work-related accidents, occupational illnesses and unemployment, even where their employer has failed to fulfil the relevant obligations. The same rule shall apply solely for the purposes of healthcare cover for common illness, maternity, risk during pregnancy and non-work-related accidents.
B) General Regulation on contributions and settlement of other Social Security rights, approved by Royal Decree 2064/1995 of 22 December.
Amendments are introduced regarding the duration of the contribution obligation, contribution bases under the Special Scheme for Mining and Coal, contributions in cases of part-time contract and relief contracts, and contributions during periods of temporary disability (IT), maternity leave and risk during pregnancy.
C) General Regulation on the Collection of Social Security System Resources, approved by Royal Decree 1637/1995 of 6 October.
Amendments are introduced relating to the parties liable for payment under the Special Scheme for Domestic Employees.
D) Royal Decree 2720/1998 of 18 December, implementing Article 15 of the Workers' Statute on fixed-term contracts.
Amendments are introduced to provisions governing temporary replacement contracts.
