Risk benefit during pregnancy (employees)

The risk benefit during pregnancy is a contributory benefit within the protective action of Social Security that aims to compensate for the loss of income suffered by a pregnant working woman who has her contract suspended due to being exposed to a series of risks in her work , which are inevitable, and that could harm her health or that of her fetus .

This risk during pregnancy should not be confused, with high-risk pregnancy , which is one in which, due to the nature of the pregnancy or the personal circumstances of the pregnant woman, it is not advisable for her to continue working. Complications inherent to the pregnancy itself and not related to work (for example: twin pregnancy, threatened abortion, placenta previa, acute low back pain, in-vitro fertilization...) are subject to protection under the Temporary Disability benefit derived from Common Contingency and, in these cases, you must go to the primary care doctor so that the corresponding medical leave can be issued.

Access to this benefit does not arise directly from the mere existence of risks in a job, but when said risks can specifically affect the health of the pregnant woman or the fetus and cannot be avoided either by adapting the job or by making a change to a different job that is compatible with the condition of the pregnant woman.

When the company cannot avoid the risks for the pregnant woman, either by adapting the job or relocating her to a different job, it will suspend the employment contract and at that time the pregnant woman may request risk benefit during pregnancy from her mutual insurance company.

First of all, when the pregnant woman considers that in her workplace there are agents, procedures or working conditions that may negatively influence her health or that of the fetus, she must inform her company since it has the obligation to try to adapt her workplace to her new situation to avoid said risks.

When measures cannot be taken to adapt the workplace, or these measures are insufficient, you must request a medical certificate from the Mutual Fund proving that the conditions of your workplace may negatively influence your health or that of your fetus.

Said medical certificate must be brought to the attention of the company so that it can try to change her to a different job that is compatible with her condition. If this change is not possible , to safeguard your health and that of your fetus, the company must suspend your employment contract due to risk during pregnancy.

After having your employment contract suspended for the above reason, you may request risk benefit during pregnancy from the Mutual Fund .