Spain - Birth and child care benefit, risk during pregnancy and breastfeeding
This chapter explains the support you can apply for if you have to stop working due to the birth or adoption of a child or health risks during pregnancy or breastfeeding.
- Birth and child care benefit (prestación por nacimiento y cuidado de menor ).
- Benefit for risk during pregnancy (subsidio por riesgo durante el embarazo).
- Benefit for risk during breastfeeding (subsidio por riesgo durante la lactancia).
- Infant care benefit (prestación por cuidado de lactante).
- Non-contributory maternity allowance (subsidio por maternidad de naturaleza no contributiva).
When can you apply for these?
If you work and are going to be a mother, you are entitled to healthcare before, during and after the birth. In addition you may be eligible to receive support during your maternity leave or in case of risk during pregnancy and breastfeeding.
- Birth and child care benefit: available to all employees who interrupt their work to become mothers or fathers.
- Benefit for risk during pregnancy: available to all pregnant women who have to stop working due to a risk for their health or that of the unborn child.
- Benefit for risk during breastfeeding: available to all working mothers who have to stop working while breastfeeding, due to a risk for their health.
- Infant care benefit: available to all employees who interrupt their work to care their infant whose age is from nine months to twelve months.
- Non-contributory maternity allowance: available to all female employees who have not paid enough social security contributions.
What requirements must you meet?
Birth and child care benefit: if you have become a mother or a father and want to receive this support, you should have paid social security contributions:
- If you are under 21 years of age, no minimum contribution period is required;
- If you are between 21 and 26 years of age: 90 days within the 7 years previous to the birth, adoption or fosterage, or 180 days during your whole working life;
- If you are over 26 years of age: 180 days within the 7 years previous to the birth, adoption or fosterage, or 360 days during your whole working life.
Benefit for risk during pregnancy: if you are pregnant and your occupation could represent a risk to your health or that of your unborn baby, you are entitled to this benefit if you are registered with Social Security, and up-to-date with payment of your social security contributions, if you are self-employed and therefore responsible for the payment.
If you are an employee, you can only receive the benefit if you have not been able to swap your job for another one more suitable to your situation.
There are some specificities in case of specific professions or in case of pregnant women who carry out several activities at the same time (multiple jobs).
No minimum insurance period is required.
Benefit for risk during breastfeeding: if you are a working mother who has to stop working due to risks involved in breastfeeding your child, you can receive this benefit provided your child is less than nine months old. If you are an employee, you can only receive the benefit if you have not been able to swap your job for another one more suitable to your situation.
You should be registered with Social Security, and up-to-date with payment of your social security contributions, if you are self-employed and therefore responsible for the payment. No minimum insurance period is required.
Infant care benefit: you can receive this benefit if you are a working parent who has stopped working to take care of your child aged between 9 and 12 months.
Non-contributory maternity allowance is available to all female employees or self-employed who, in case of birth, fulfil all the requirements to receive a birth and child care benefit except the minimum contribution period required.
What are you entitled to and how can you apply for it?
Birth and child care benefit|
Duration of leave | |
|
100% of the calculation basis |
Extendable by 2 weeks (one week for each parent) for each child from the second birth, adoption or multiple births, or up to 18 weeks when the child has a disability. Extendable if the new-born baby is hospitalised (maximum 13 weeks). |
|
Amount |
Duration |
|
100% of the calculation basis |
Payment applies during the time the contract is interrupted. It terminates when the mother gives birth or when she returns to work or to another similar job. |
|
Amount |
Duration |
|
100% of the calculation basis |
During the time required to protect the health of the mother and the child. Terminates when the child is 9 months old, the mother returns to work or stops breastfeeding. |
|
Amount |
Duration |
|
100% calculation basis |
Until infant is 12 month old. |
|
Amount |
Duration |
|
100% of the IPREM |
42 days (56 in certain cases). |
Moreover, all pregnant women are entitled to healthcare before, during and after the birth. To receive healthcare, you should go to a health centre with your Sistema Nacional de Salud (National Health Service) user’s card. You can also receive healthcare in hospitals belonging to the Sistema Nacional de Salud or any that have an agreement with this Service.
These benefits are managed by the Instituto Nacional de Seguridad Social (INSS), which will pay benefits directly to each beneficiary.
To receive the benefit, you will need to submit the maternity report issued by the Servicio Público de Salud (State Health Service) and the family register or court decision that confirms adoption or custody of the child. In the event of risk during pregnancy or breastfeeding, you should request a medical certificate attesting the risk.
Jargon busters
- Risks during pregnancy: these are any risks caused to the pregnant woman during her ordinary work and that might put her health or that of the unborn child at risk.
- Risk during breastfeeding: these are any risks caused to the mother during her ordinary work and that might put her health or that of the breastfeeding child at risk.
- Multiple birth, adoption or fosterage: two or more children born, adopted or fostered simultaneously.
- IPREM: Public Indicator of Multiple Effect Income.
Documents you will need
- Application for birth and child care benefit
- Statement of activity from the self-employed.
- Application for risk during pregnancy or breastfeeding.
- Statement of risk from the self-employed.
Find out about your entitlements
These links will help you to find out about your entitlements in Spain. They are not European Commission links and do not represent the opinion of the Commission:
- You can find out more about the General Social Security Act in Spain in the Royal Legislative Decree 8/2015 of 30 October.
- Royal Decree 6/2019 on birth and child care benefit.
- Royal Decree 295/2009 of 6 March on benefits for maternity, paternity, risk during pregnancy and risk during breastfeeding.
Publications and web pages of the European Commission:
Who can you contact?
Instituto Nacional de la Seguridad Social (INSS)
C/ Padre Damián, 4
28036 Madrid
SPAIN
Tel. +34 915688300
Fax +34 915640484
Web page: http://www.seg-social.es
Social Security Information Centres.
For any problem with your entitlement as a European citizen: EU welfare services.