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

A protected situation is considered to be the situation in which the worker finds herself, who is feeding her baby through natural breastfeeding, during the period of interruption of professional activity, in cases in which her performance negatively influences her health or that of her baby, and is certified by the medical services of the managing entity or the competent Social Security Collaborating Mutual Fund.

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 such complications are inherent to the worker's own health and are not related to agents, procedures or conditions of the job performed.

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, or prevented for any other reason from exercising their professional activity.
• Be up to date with the payment of your Social Security contributions.

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 certificate is issued for the medical services of the corresponding managing or collaborating entity.

The right to the subsidy arises on the day following the day on which the medical certificate is issued by the medical services of the competent managing or collaborating entity, although the economic effects will occur, in any case, from the date of effective cessation of the corresponding professional activity. The benefit will end the day before the day on which the minor turns 9 months of age or the day before the resumption of professional activity when this is compatible with their condition, unless one of the following causes of termination of the benefit occurs previously:

• Cause withdrawal from the Special Regime in which the worker was included.
• Interruption of natural breastfeeding.
• Death of the beneficiary or the minor.

The management and payment of the economic benefit for risk during breastfeeding will correspond to the managing entity or mutual collaborator with Social Security, with which the self-employed worker has formalized coverage for professional contingencies or protection for temporary disability derived from common contingencies.

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

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:

1. When the beneficiary has acted fraudulently to obtain or retain the subsidy.
2. 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).

• 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.