SPECIFIC CONDITIONS TO THE GRANT OF EACH ALLOWANCE - Convergent Social Protection Scheme /Social Security General Scheme

SPECIFIC CONDITIONS TO THE GRANT OF EACH ALLOWANCE
Convergent Social Protection Scheme /Social Security General Scheme

» Clinic risk during the pregnancy allowance

Existence of clinic risk for the pregnant or for the unborn child hindering the performance of functions, certified by a specialist physician during the period of time to prevent the risk that shall set out expressly in the certificate

» Pregnancy termination allowance

Medical certification of termination of pregnancy that shall indicate the duration of the corresponding leave by a variable period between 14 and 30 days

» Initial parental allowance that includes the following patterns:

- Initial parental allowance exclusive of the mother

- Initial parental allowance

- Initial parental allowance of a progenitor in the case of impossibility of the other one

- Initial parental allowance exclusive of the father

The periods of grant of initial parental allowances exclusive of the mother, initial parental and initial parental of a progenitor in the case of impossibility of the other one, that correspond to the duration of the corresponding leaves, are taken into account in the overall calculation of the total duration of the initial parental leave set in a variable form in the Employment Contract and enjoyed in accordance with the parents option

In the case of lifeless birth, the allowance granted to the mother has a total minimum duration of 120 days, save if the mother opt for enjoying the initial parental leave for a lower period, and the initial parental leave exclusive of the mother corresponding to 6 weeks following the childbirth is of compulsory enjoyment

» Initial parental allowance exclusive of the mother

6 compulsory weeks after the childbirth and optional period until 30 days before the expected date for the same according to medical declaration

» Initial parental allowance

Period until 120 or 150 consecutive days, the enjoyment of which is initiated after the initial parental leave exclusive of the mother, but that integrates the duration of this last leave in the overall calculation of those numbers of days and that may be freely shared by both progenitors. 30 days may be added to these periods, and the total changes to 150 or 180, in the case of sharing exercised under the terms provided for in the law, that is to say, where each one of the progenitors in successive moments enjoys, exclusively, at least 30 or 15 days followed, in this case in two periods

In the case of multiple births 30 followed days for each twin besides the first one are added to the aforementioned periods

The grant of the allowance depends upon the declaration of beneficiaries, in relation to the periods to be enjoyed and to the exclusive or shared mode, declaration submitted to the employer entities of each one of the progenitors, when they opt for the sharing. If the other progenitor is a self-employed worker, this declaration is replaced by a certificate issued by the competent entity that the respective social benefit has not been requested

» Initial parental allowance of a progenitor in case of impossibility of the other one

Duration corresponding to the remaining period of the initial parental leave not enjoyed, in accordance with the showed option, in the case of physical or psychical incapacity, medically certified and while it lasts, or of death of the progenitor. If the situation of incapacity or death occurs with the mother, the allowance to be granted to the father has a minimum duration of 30 days, corresponding to the period of the respective leave

» Initial parental allowance exclusive of the father

15 working days, followed or interpolated, in the 30 days following the childbirth, of which 5 are consecutive immediately following the birth. More 10 working days, optional, followed or interpolated, provided that they coincide with the initial parental leave enjoyed by the mother

In the case of multiple births, to each one of the preceding periods a 2 working days are added for each twin besides the first one

The allowance corresponding to the optional period of the leave and the increase due to the birth of twins is only granted in the case of birth with life, as the death of the son/daughter does not remove the right to the first 10 working days

» Adoption allowance

Candidates to adopters in situations of adoption of minors of 15 years, duly proven, except if it deals with a son/daughter of the spouse of the beneficiary or of a person living under the same roof as an unmarried couple. The remaining conditions of grant are, with due adaptations, those described for initial parental allowances and initial parental of a progenitor in the case of impossibility of the other one

For physical or psychical incapacity, medically certified, or by death of the candidate to adopter, the spouse who is beneficiary is entitled to an allowance for the remaining period, if the candidate to adopter were enjoying the respective right and had not spent it or, otherwise, to a minimum period of 14 days, even though he/she is not candidate to adopter, but lives under the same roof with the adopted

» Extended parental allowance

Period up to 3 months corresponding to the enjoyment for any of the progenitors of the extended complementary leave, in an alternating way, for assistance to a son/daughter integrated in the household, provided that it is immediately after the period of grant of the initial parental allowance or of the initial parental allowance of a progenitor in the case of impossibility of the other one

» Allowance for assistance to a son/daughter with disability or chronic disease

Situations of need to provide care and assistance for 6 months periods extendable up to the limit of 4 years provided that:

- The son/daughter lives under the same roof with the beneficiary

- The other progenitor performs professional activity and does not exercise the right to the respective allowance for the same reason or, in any case, be unable to provide assistance

The disability and chronic disease, for the purposes of grant of this allowance are defined by Joint Order of the Ministries of Health and Work and Solidarity

» Allowance for assistance to a son/daughter in the case of illness or accident

Situations of need to provide urgent and indispensable assistance to a son/daughter for a period:

- maximum of 30 days in each calendar year, followed or interpolated, or during all period of possible hospitalization, if the son/daughter is under 12 years or, irrespective of the age have a disability or chronic disease

- maximum of 15 days in each calendar year, followed or interpolated, if the son/daughter shall have age equal or higher than 12 years and in the case of having reached the age of legal majority, integrates the household of the beneficiary

For each son or daughter of the worker, besides the first one may be added 1 day to each one of the aforementioned periods

» Allowance for assistance to a grandson/granddaughter

Situations of need to provide assistance to:

- newborn grandson/granddaughter who be a son/daughter of adolescent under 16 years and who resides with the beneficiary, for a 30 consecutive day period after the birth. It depends upon medical declaration certifying the birth and of declaration of the beneficiaries relating to periods to be enjoyed in an exclusive or shared way. When the assistance is not shared by the grandparents, the grant of the allowance depends still upon of the other grandfather perform professional activity and have not requested the allowance or, in any case, of being unable to provide assistance

- minor grandson/granddaughter or, irrespective of the age, if he/she has disability or chronic disease, in case of illness or accident and in substitution of parents, granted during the number of days corresponding to the period of absences for assistance to a son/daughter not enjoyed by those ones. The remaining conditions are the same, with due adaptations, of the allowance for assistance to a son/daughter in the case of illness or accident

» Allowance for specific risks

Restricted or prohibited activities as well as performance of night work that constitute specific risks for the safety and health of the pregnant, public employee who has recently given birth or breastfeeding public employee

The allowance is granted provided that the public employee be released from the performance of work, under the terms of the law, and after the risk situations being confirmed and during all the period of time of the release

» Who grants the benefits

- The employer entities of the beneficiary, that is to say, the services where they perform functions, in relation to beneficiaries of the Convergent Social Protection Scheme. It is not necessary to submit an application for the grant of benefits

- The competent social security institutions in relation to the beneficiaries of the Social Security General Scheme. As a rule, the benefits depend upon an application