Processing risk benefit during breast-feeding (self-employed)

Before applying for risk benefit during breastfeeding, all possibilities must have been exhausted to ensure that the woman, who is breastfeeding her baby, can continue working without being exposed to risks to her health or that of her baby, which is why the processing of this benefit is carried out in different phases:

1. Adaptation of the tasks carried out within the professional activity.

When a woman, who is breastfeeding her baby, considers that in the performance of her professional activity there are agents, procedures or working conditions that may negatively influence her health or that of her baby, she should try to adapt the tasks she performs to make them compatible with her situation.

If the adaptations to the tasks eliminated the risks to the health of the worker herself and her baby, the processing would not have to continue.
If it is not possible to carry out adaptations in the tasks carried out in the exercise of the professional activity to make them compatible with the situation of breastfeeding, guaranteeing the health of the worker herself and that of her baby, the next phase must be continued.

The Mutual Fund does not intervene in this phase of job adaptation.

2. Medical certification of the existence of risk for breastfeeding in the workplace.

When it has not been possible to take measures to adapt the tasks carried out in the exercise of professional activity to make them compatible with the situation of breast-feeding, or such measures have been insufficient to avoid the risks that they may pose to the health of the worker herself or that of her baby, the Mutual Fund must be requested to certify these extremes.

For the mutual insurance company to issue the medical certificate of risk during breastfeeding due to the tasks or conditions in the professional activity carried out by the worker, the following documentation must be presented:

Photocopy of the DNI (both sides).
Request to the Mutual Society for a medical certificate of risk during breast-feeding, stating the declaration of the risks in the development of professional activity and the impossibility of avoiding them.
Medical report from the Public Health Service that certifies the breastfeeding situation and the absence of complications inherent to the woman's own situation.
Family book or birth certificate of the baby.
Evaluation of the job with the measurements and specifications of each risk.

Once the documentation has been received, the mutual insurance company will evaluate whether or not it is appropriate to certify the existence of occupational risks during breastfeeding, and the following situations may arise:

The risks to which the worker, who is breastfeeding her baby, is exposed after adapting the tasks carried out in her professional activity, are already likely to pose risks to her health or that of her baby. The Mutual Fund will issue a certificate of existence of risk and the next phase would continue.
The risks to which the worker is exposed, who is feeding her baby through breastfeeding, after the adaptations of the tasks carried out in her professional activity, are not likely at that moment to pose risks to her health or that of her baby; but they could become so in the future. The Mutual Fund will issue a conditional certificate of risk existence , indicating the date from which the evaluated risks could already pose a risk to your health or that of your baby. Upon arrival of this date ⁽*⁾ the next phase would continue.

⁽*⁾ The certificate issued by the Mutual Fund will only be valid if the indicated date arrives. In this case, the woman would not have suffered any changes in the tasks she performed, nor in the risks to which she was exposed, nor would there have been any complications inherent to her condition, nor would she have interrupted breastfeeding. If any of these situations have changed, you must request a new medical certification again, providing updated information (which the Mutual Fund must reassess).

The risks to which the worker, who is breastfeeding her baby through breastfeeding, is exposed after the adaptations of the tasks carried out in her professional activity, are not likely to pose risks to her health or that of her baby. The Mutual Fund will issue a negative certificate and the process would be completed here.
That the pregnant woman was in a situation of temporary disability or presented complications inherent to her health (not related to work). The Mutual Fund will issue a negative certificate and the process would be completed here.
The risks to which the worker, who is breastfeeding her baby, is exposed could be avoidable by taking preventive measures that have not been adopted. The Mutual Fund may send one of its prevention technicians to evaluate the risks or send the file to the Social Security Labor Inspection to know its conclusions and will issue the certificate based on the result .

3. Application for risk benefit during breastfeeding.

From the moment the Mutual Fund has certified the existence of risk during breastfeeding, the worker may interrupt her professional activity and request, with effect from that day, the corresponding benefit.

In order for the mutual insurance company to recognize the risk benefit during breastfeeding, the worker must present the following documentation:

Application to the Mutual Fund for risk benefit during breast-feeding.
Proof of payment of contributions for the last two months.
Declaration of the activity status.
Form 145 of the Tax Agency for the purposes of applying personal income tax withholding.

Once the documentation has been received, if there is no incident in it and the requirements for access to the benefit are verified, the Mutual Fund will proceed to issue a resolution recognizing the benefit and payment will begin on a monthly basis.