Detailed information on risk benefit during breast-feeding (employed)

The risk benefit during breastfeeding is a contributory benefit within the protective action of Social Security that aims to compensate for the loss of income suffered by working women, who are feeding their baby through breastfeeding, and whose contract is suspended due to being exposed to a series of inevitable risks that could harm their health or that of their baby.

Each of the aspects that make up this feature are detailed below:

1. Protected status.

A protected situation is considered to be that in which the worker finds herself, who is feeding her baby through natural breastfeeding, during the period of suspension of the employment contract in the cases in which, having to change her job for another compatible with her condition, in the terms provided for in article 26.2 and 3 of Law 31/1995, of November 8, on the Prevention of Occupational Risks, said change of position is not technically or objectively possible or cannot reasonably be be required for justified reasons.

On the other hand, the situation derived from risks or pathologies that may negatively influence the health of the worker or her baby will not be considered a protected situation, when said complications are inherent to the worker herself and are not related to agents, procedures or conditions of the job performed.

2. Access requirements.

To access the benefit, the worker, who is feeding her baby through breastfeeding, at the moment in which the suspension of the employment contract due to risk during breastfeeding begins, must:

Be affiliated and registered in one of the regimes of the Social Security system.
Not be in a situation of temporary disability, nor have the employment contract previously suspended for any other reason.
Be up to date with the payment of their contributions (exclusively for those workers obliged to pay their own contributions, such as - for example - contributions for periods of inactivity in the case of employed agricultural workers).

3. Economic benefit.

The economic benefit for risk during breastfeeding will consist of a subsidy equivalent to 100% of the regulatory base equivalent to that established for the benefit for temporary disability, derived from professional contingencies, or, where appropriate, equivalent to that established for the benefit for temporary disability derived from common contingencies, when the regime in question does not contemplate the coverage of professional contingencies, taking as reference the date on which the suspension of the employment contract begins.

4. Duration of the benefit.

The right to the subsidy will arise on the same day that the suspension of the employment contract due to risk during breastfeeding begins and will end on the day before the day on which the child reaches 9 months of age or the day before the reinstatement of the working woman to a job compatible with her status, unless one of the following causes of termination of the benefit occurs previously:

Termination of the employment contract by virtue of the legally established causes.
Interruption of natural breastfeeding.
Death of the beneficiary or the minor.

5. Management and payment of the benefit.

The management and payment of the financial benefit for risk during breast-feeding will correspond to the managing entity or mutual collaborator with the Social Security with which the company has arranged coverage of professional risks.

The payment of the subsidy will be made by the managing or collaborating entity, in monthly periods in arrears.

6. Denial, cancellation and suspension of the right.

The right to the subsidy may be denied, annulled or suspended, in accordance with the provisions for the temporary disability subsidy in article 175 of the General Social Security Law:

When the beneficiary has acted fraudulently to obtain or retain the subsidy.
When the beneficiary carries out any work or activity, whether employed or self-employed (unless said activity was prior to the recognition of the benefit and she could maintain it without putting her health or that of her baby at risk).

The right to the subsidy will be suspended during periods between seasons for discontinuous permanent workers, as long as the new call is not made.

7. Regulatory framework.

Royal Decree Law 8/2015, of October 30, which approves the consolidated text of the General Law of Social Security.
Law 39/1999, of November 5, to promote the reconciliation of family and work life for working people.
Law 3/2007, of March 22, for the effective equality of women and men.
Royal Decree 295/2009, of March 6, which regulates the economic benefits of the Social Security system for maternity, paternity, risk during pregnancy and risk during breast-feeding.