The maternity payment is given by the Social Security to compensate the loss of income when the working activity is interrupted by biological maternity or adoption, among other things.
During this period there is no obligation to work, the work contract is temporally suspended, nor does the employer have to pay the wage. However, there remains the obligation to pay contributions to social security by the company.
If the company needs to employ someone else to cover for the absentee, it would only have to pay a reduced amount of Social Security contribution for the substitute.
Maternity Payment. When it applies?.
As stated before, when the work contract is interrupted by one of the following cases:
- Biological Maternity.
- Miscarriage of fetus of more than 180 days.
- Adoption of minors under 6 or youths with disabilities.
Requisites to obtain the payment.
- Being registered on Social Security.
- Having contributed to social security for a minimum period that depends on the age of the applicant at the time of the event that justifies the right (ie. Birth, Adoption…)
- If applicant is under 21, no minimum period applies
- If applicant is between 21 and 26, she must have contributed at least 90 days within the latest 7 years or 180 days within all her working life.
- If the applicant is over 26: 180 days within the latest 7 years or 360 days within all her working life.
For workers that meet all requirements this payment will be received for 16 weeks after the birth.
If for any reason the newborn needs to stay in hospital after the birth the payment will extend to cover this period plus 16 weeks after the baby is discharged.
In case the worker does not meet requisite number 2, she still has the right to the suspension of work contract for 16 weeks but will only get maternity payment for 42 days.