Detailed information on risk benefit during pregnancy (employed)

A protected situation is considered to be the situation in which the pregnant worker finds herself 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 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 the fetus will not be considered a protected situation, when such complications are inherent to the pregnancy itself and are not related to agents, procedures or conditions of the job performed.

To access the benefit, the pregnant worker, at the moment in which the suspension of the employment contract due to risk during pregnancy 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).

The economic benefit for risk during pregnancy 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.

The right to the subsidy will arise on the same day that the suspension of the employment contract due to risk during pregnancy begins and will end on the day before the suspension of the employment contract due to birth and care of the minor or the day prior to the reinstatement of the working woman to a job compatible with her condition, unless one of the following causes for termination of the benefit occurs previously:

• Termination of the employment contract by virtue of the legally established causes.
• Termination of pregnancy.
• Death of the beneficiary.

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

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 fetus 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.

• 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.