Maternity & Paternity Law
Maternity leave in Spain lasts 16 weeks for your first child with 2 additional weeks per subsequent child. These 16 weeks can be taken as full days or part days and the mother can choose when to take them, either before or after the birth but a minimum of 6 weeks must be taken after the birth. In this way, it is possible for the mother to take leave from up to 10 weeks prior to giving birth.
State maternity benefits are paid by the Seguridad Social which is the Spanish social security system. This system covers Spanish citizens who live and work in Spain as well as foreigners who are official residents in Spain with a residence permit.
Maternity Entitlement
According to the Seguridad Social website, self-employed mums to be or mums to be employed by others meeting the necessary requirements, are entitled to maternity leave. These requirements include the fact that you need to have been paying in to the social security system for a certain period of time prior to giving birth. This stipulated period of time for this "contribution period". If you are a mother under 21, there is no contribution period, if you are aged between 21 and 26 this period is minimum 90 days worth of contributions in the previous 7 years, or minimum 180 days over the working lifetime, or, as a mother over age 26, the contribution period is a minimum 180 days during the previous 7 years, or a total 360 days during their working lifetime.
The mum to be needs to be within the social security system or estar de alta en el sistema as the Spanish would say.
Remember, most maternity services are not covered by the European Health Insurance scheme so even if you have an EHIC card you should also probably check your pregnancy healthcare options and health insurance, either via the seguridad social or with your private health insurer if you have one.
Maternity Benefit
Maternity Benefit starts from the same day as the birth date or the date when leave starts.
Maternity Benefit is calculated in quite a complex way that is based on the equivalent of 100% of the base pension.
"The base pension will be the result of dividing the amount of the contribution basis by common contingencies in the month immediately prior to the date of the beginning of leave by the number of days to which this contribution refers (30, if it is a monthly salary; 30, 31, 28 or 29 -leap year-, if it is a daily wage).
If the worker starts working with the company in the same month as the beginning of leave, the calculation basis for the base pension will be the contribution basis for that month, divided by the days for which the worker actually contributed. Likewise, the actual number of contribution days are used as the divisor when the worker has not been contributing for the entire previous calendar month."
Applying for Maternity Benefit
To apply for maternity benefit in Spain you need to go via your local Social Security office as the National Institute of Social Security (INSS) handles all maternity benefit applications.
There is a form to be filled in to apply for maternity benefit available via the Social Security website known as the "Solicitud de prestación de maternidad por nacimiento, adopción o acogimiento del Régimen Especial del Mar" or in English the Maternity Benefit Application Form. Currently only available in Spanish.
Paternity Leave
Depending on the job the father has, paternity leave is currently 15 days. In 2015 this will increase to 30 days.
FAQs
Q) If the mother does not work can the maternity pay be transferred to the father?
If the mother neither works, nor is a civil servant, the maternity benefit cannot be transferred to the father.
Please note that the Spanish maternity laws may be subject to change at any point and this information is purely informative and to be used as a loose guideline. You can find out more about your particular circumstances and allowances from the office of Seguridad Social. For more info visit their website: www.seg-social.es
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