Birth and family care leave benefitsArticle 5 of 6 · 4 min read
Pregnancy or breastfeeding risk benefit when your job is unsafe
A separate benefit replaces your income if your job endangers you or your baby during pregnancy or breastfeeding and your company cannot adapt it. This page is for employed and self-employed women who think their work may be unsafe.
Terms used
- Mutua — The mutua is the private mutual insurance body, working with Social Security, that many employers use to manage work-related benefits.
- INSS — The INSS is Spain's national social security institute, which manages and pays many benefits.
- Base reguladora — The base reguladora is the average pay figure Social Security uses to calculate your benefit.
- CAISS — A CAISS is a Social Security information office where you can get help in person, by appointment.
Key rules
- Amount: The benefit pays 100% of your base reguladora.
- Contributions: No minimum number of contributions is required, but you must be affiliated and registered.
- Adaptation first: The benefit applies only when your company cannot adapt your job or move you to a risk-free role.
- Certificate: A medical certificate from the mutua or the INSS confirming the risk is needed before payment starts.
What this benefit is
A separate benefit protects your income when your work is unsafe in pregnancy or breastfeeding and cannot be adapted. It is not the same as sick leave or maternity leave. It exists for women whose job or working conditions put them or the baby at risk.
When you can get it
You qualify when all of these are true:
- Your job or its conditions endanger you or your baby.
- Your company cannot adapt your job or move you to a role without risk.
- The mutua or the INSS issues a medical certificate confirming the risk.
You must be affiliated and registered with Social Security. No minimum number of contributions is required. It applies to employed and self-employed women.
What it pays and how long it lasts
It pays 100% of your base reguladora, for pregnancy risk and for breastfeeding risk alike.
It starts the day after the certificate is issued. For pregnancy risk, it ends when the birth occurs. For breastfeeding risk, it ends when the baby is 9 months old. In both cases it ends earlier if you return to your job or move to another suitable job that is safe.
How to apply
Do it in this order:
- Ask your company whether it can adapt your job or move you to a role without risk. If it can, you stay in work and this benefit does not apply.
- Ask your mutua for a medical report on the risk. If the INSS manages your sick pay, ask the INSS instead.
- Ask your employer for a certificate describing your job, its risks and the lack of a safe alternative.
- Hand in your documents and the application form to your mutua or the INSS. They check your case and grant the benefit.
The documents list and checklist below give the detail.
Where to get help
Call Seguridad Social on 901 16 65 65, or book an appointment at a CAISS office. If your employer's mutua handles the benefit, contact the mutua directly. Some regional governments offer extra aid through their social services, and some collective agreements give better terms. Ask your regional social services department and check your agreement.
Timeline and deadlines
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The benefit starts: the day after the medical certificate is issued
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The benefit ends for pregnancy risk: when the birth occurs, or earlier if you return to a safe job
Documents you need
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Your ID document.
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A medical report on the risk, from the Social Security doctor, confirming your job endangers you or your baby.
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A certificate from your company describing your job, its risks and the lack of a safe alternative role.
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The application form, from your mutua or the INSS.
Checklist
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Hand in your ID, the medical report, the company certificate and the application form to your mutua or the INSS.
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Contact the Seguridad Social on 901 16 65 65 or book a CAISS appointment if you need help with regional or mutua details.
Frequently asked questions
Do I need a minimum number of contributions to get the risk benefit?
No, you do not need a minimum contribution period for the risk benefit, but you must be affiliated and registered with Social Security.
How long does the benefit last if I breastfeed?
The benefit for breastfeeding risk lasts until your baby is 9 months old. It can end sooner if you return to your job or move to another suitable job that carries no risk.
Where can I get help with my case or extra regional aid?
Book an appointment at a Seguridad Social information centre (CAISS), call 901 16 65 65, or use the online office. Your regional government's social services and your collective agreement may add extra help.
More in Birth and family care leave benefits
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- Do you qualify for birth benefit as a newcomer with few contributions?
- How to claim birth benefit from the INSS and when to apply
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