Do not confuse risk pregnancy and risk in pregnancy because, although they are written very similarly, they are not the same at all.
The first case is a medical situation, which is processed as a temporary disability benefit. However, the risk during pregnancy is a work situation protected by Social Security that entitles you to receive a benefit equivalent to 100% of its regulatory base. We tell you in which cases it is requested and how to do it.
Different from risk pregnancy
It is known as a risk pregnancy that one in which, due to certain health conditions, more care and attention are needed since it has a greater chance of having complications for both the mother and the baby.
It may be due to a maternal disease, prior to or during pregnancy, has risk factors (such as advanced age or obesity), is a multiple pregnancy, or there is a pregnancy complication (such as gestational diabetes, pre-eclampsia or eclampsia), which can pose a danger to the mother or her baby.
This need for more control or even rest can lead the doctor to take the mother off work. But in this case, it is processed as a benefit for temporary disability due to common contingency: the amount of the benefit in this case will be 60% of the regulatory base, from the fourth day of leave until the 20th inclusive, and 75% as of the 21st, provided that the minimum period of contribution to Social Security is met.
When can you request the discharge due to risk in pregnancy
Article 26 of Law 31/1995, of November 8, on the prevention of Occupational Risks, recognizes the right of a worker to request a change of job or the temporary suspension of the contract and receive an economic benefit, when the work may pose a risk to the pregnancy or a risk to the nursing mother until the baby is 9 months old.
This type of benefit is known as leave due to risky pregnancy and is common in professions where chemical substances that can be toxic or radiation that could harm the fetus are handled. It can also be requested if you work in shifts or night shifts , as recognized by the Court of Justice of the European Union.
The regulations establish that this withdrawal can be requested if the pregnant woman cannot be transferred to a position compatible with her state. Because first, the company must adopt the necessary measures so that the pregnant woman can continue to carry out her work without risk and if this is not possible, temporarily change her to another position that is safe for her state.
Only if neither of the two options is possible, the employment contract is suspended and the worker receives from Social Security an economic benefit for risk during pregnancy, equivalent to 100% of her regulatory base (daily amount that comes out of dividing the salary before withholdings between 30 days). When the payment is made, the amounts for Social Security contributions and personal income tax withholdings will be deducted.
The right to receive the benefit begins on the same day that the suspension of the employment contract or the risk leave during pregnancy begins and ends on the day that the suspension of the delivery contract begins and begins to receive the maternity benefit. , or when you return to work.
It is a right of all workers, regardless of their seniority in the position. There is no minimum contribution period required to be entitled to it and it may be requested in some cases from the 18th week of pregnancy.
This Social Security guide can serve as your guide. Although the so-called SEGO Table on risks in pregnancy is used as a reference, prepared by the Spanish Society of Gynecology and Obstetrics.
How to apply for the benefit
As established by the law on Occupational Risk Prevention, the management and payment of the economic benefit of sick leave due to risk in pregnancy, corresponds to the National Institute of Social Security or the Mutual Insurance Company for Work Accidents and Occupational Diseases of the Social Security depending on the entity with which the company has coverage of professional risks.
These are the steps to order it:
1.- The worker has to ask her Social Security doctor for a report proving the pregnancy and the probable date of delivery.
2.- The company must provide you with a certificate that certifies the activity that it develops and the conditions of your job.
3.- With these documents you have to go to the Social Security Information and Attention Centers or the Mutual Insurance Company for Work Accidents and Occupational Diseases with which the company has arranged the coverage of professional contingencies, to obtain a certificate. doctor who endorses the risk of their work for pregnancy.
4.- Once the risk has been certified and as long as it is not possible to change the pregnant woman to another job, the company will declare the affected worker in a situation of suspension of the contract due to risk during pregnancy.
5.- To collect the benefit, the future mother can print the appropriate form and, once completed, send it by ordinary mail, submit an application to an office of the National Institute of Health (INSS) or to the Mutual Collaborator with Social Security that or, through the electronic Social Security Registry if you have an electronic DNI or key user.
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Once the procedure is completed, the worker will receive an “acknowledgment of receipt” in PDF format, if it is done electronically. The National Institute of Social Security will adopt the corresponding resolution that will be issued exclusively by electronic means and will be available in the Social Security Telematic Notifications service.
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Royal Decree 286/2003, which establishes the duration of the terms for the resolution of administrative procedures for the recognition of benefits in Social Security, establishes a maximum of 30 days for the managing entity to recognize the right to the benefit for risk in pregnancy , although it does not specify whether natural or working. You can check the status of the procedure in the service How is my benefit going?
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In Babies and More | The labor rights of pregnant women, Working at night, even in shifts, poses a risk for pregnant women and nursing mothers, according to the European Court of Justice
