The Organic Law 3/2007, of 22 March, for the effective equality of women and men, has carried out a remarkable intensification and extension of the protective action of Social Security, since, at the time it has introduced (i) substantial changes in the legal status of benefits granted in the case of maternity and at risk during pregnancy; two new subsidies have been incorporated into the legal system of social protection: by paternity and the one granted in cases of risk during natural lactation; all with the objective of improving the integration of women in the field of work and to promote the reconciliation of work and family life.

The aforementioned Organic Law, in its third final provision, authorizes the Government to issue as many provisions as are necessary for its application and development in matters that fall within the competence of the State. To this end, this royal decree, which carries out the regulatory development, on the one hand, of the legal regulations applicable to maternity and risk benefits during pregnancy, with the modifications introduced in its configuration by The Organic Law 3/2007, of 22 March, and, on the other hand, of the regulatory norms of the new subsidies for parenthood and for risk during the natural lactation, created by the same law.

In particular, they affect the benefits mentioned above all the modifications and innovations carried out in the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June, as regards the legal status of those; in the recast text of the Law of the Workers ' Statute, adopted by the Royal Legislative Decree 1/1995 of 24 March, in respect of the regulation of the suspension of the employment contract, periods of rest in maternity and paternity situations and in the case of periods of leave of absence for child care, child care or other family members; in Law 31/1995 of 8 November of the Prevention of Occupational Risks in relation to the rules establishing the suspension of the contract of employment by risk during the pregnancy and during the natural lactation and, finally, in Law 30/1984 of 2 August of Measures for the Reform of the Civil Service, also in respect of the provisions relating to periods of rest for maternity and paternity periods of leave, although this law has subsequently been amended in these respects by the Law 7/2007, of 12 April, of the Basic Staff Regulations.

Among the many issues addressed by the royal decree can be highlighted, in relation to maternity protection, the regulation of protected situations, to which the simple welcome has been added, provided that its the duration is not less than one year, and the provisional arrangements; the introduction of details relating to the fulfilment of the previous period of contribution required for access to protection, given its gradual application according to the age of the workers; and the establishment of rules on the new non-contributory nature allowance maternity, intended to protect, in the case of childbirth, those who meet all the requirements for access to maternity benefit except for the minimum period of prior contribution. In relation to the regulation of maternity breaks, it is particularly important for the provision for premature birth cases with a lack of weight and in those other cases where the neonate needs to be given special attention. In the case of the case-law of the Commission, the Commission has taken into account the fact that, in the case of the Commission, the Commission has not been able to take the necessary action to ensure that the days when the newborn remains hospitalized, with a maximum of thirteen weeks. This benefit is concurrent with the possibility, already existing at the date of entry into force of the Organic Law 3/2007, of March 22, to interrupt the period of suspension of the professional activity and the perception of the corresponding subsidy, in the cases of hospital detention of the newborn. As an important novelty, the regulation of the enjoyment of the allowance is highlighted in cases where the self-employed persons move on to carry out their activity on a part-time basis, according to the mandate contained in the additional provision 11a of the General Law of Social Security, in the wording made by the Organic Law 3/2007, of March 22.

The royal decree also regulates the suspension of work by paternity, since it is set up as a budget for obtaining a new subsidy; and thus, protected situations are defined, for the purposes of provision, in parallel with the assumptions that give rise to maternity protection. On the other hand, the requirements to be credited for being a beneficiary of the paternity allowance are determined, the amount of the allowance, the length of the duration and the rules governing your enjoyment. The possibility of a cessation of part-time work for self-employed workers is also introduced, with the consequences resulting from the enjoyment of the allowance.

Regarding the risk benefit during pregnancy, since this situation has been legally qualified as a contingency of a professional nature, the requirement to comply with a previous period of contribution has been eliminated. In order to obtain the same amount, the amount has been increased, from 75 per 100 of the regulatory base corresponding to the common contingencies, in force so far, to 100 per 100 of the regulatory base applicable to the professional contingencies. According to the new regulation, the management of the provision corresponds to the managing body or to the mutual of occupational accidents and occupational diseases of the social security with which the undertaking or, where appropriate, the self-employed person, the coverage of occupational risks is concerted. These changes in nature, in the amount and in the field of the management of the provision require the establishment of regulatory standards, and in this context the royal decree provides for the scope of the protection, as well as the procedure applicable to access to it and sets rules for determining the entity, manager or contributor, who must assume the coverage of the benefit, regulating the necessary specialties in relation to the groups that lack specific protection professional contingencies.

It is defined, in turn, by the Organic Law 3/2007, of 22 March, the protected situation for the purpose of obtaining the economic benefit by risk during the natural lactation, considering as such the period of suspension of the contract In the case of women working in the case of women working for another compatible with their situation, this would not be possible or could not be required, or in the case of self-employed workers, the period of interruption of the activity performed during natural lactation, due to its negative impact on the health of the mother or the child's mother. The legal system of this risk benefit during natural lactation is faced, in the royal decree, in parallel with that provided for in respect of the risk allowance during pregnancy, since its granting, by legal mandate, is carried out in the same conditions as this.

The royal decree refers, in turn, to the legal changes made in respect of situations of leave of absence for the care of children or minors, in order to determine the extent of the periods considered effective contribution, which have been the subject of enlargement by the new regulation. It also defines the terms in which other similar benefits introduced by the said Organic Law and related to the consideration of the periods of maternity and paternity in cases of extinction of the corresponding contract of employment and with the calculation of the contributions made in cases of reduction of the day for the care of the child.

The regulatory development of the legislative amendments operated by the aforementioned Organic Law 3/2007, of 22 March, has a significant impact on the regulatory provisions applicable to the date of its entry into force. Therefore, with the aim of offering an omnicomprensiva regulation of the different aspects to which the benefits that are the subject of treatment are concerned, it has been chosen to avoid partial regulations, in such a way that the royal decree carries out a complete regulatory treatment, in the field of the legal system of social security, in which the rules that remain in force and those that are modified and those that are to be incorporated by the imperative of the legal reforms produced. This regulatory technique logically entails the repeal of Royal Decree 1251/2001 of 16 November 2001 regulating the economic benefits of the social security system for maternity and risk during pregnancy.

The processing of these regulatory norms has coincided with the entry into force of the Law of 23 December of 23 December of the General Budget of the State for the year 2009, which has introduced some new developments in the legal system of maternity and paternity benefits, the regulatory development of which is incorporated into this royal decree.

On the one hand, and with the aim of complying with the provisions of the transitional provision of the Organic Law 3/2007 of March 22, for the effective equality of women and men, the additional provision sixth of the This Law of 23 December, the Law of 23 December, has extended the suspension of the contract of paternity work to 20 days when the birth, adoption or reception takes place in a large family, when the family acquires such a condition with the new birth, adoption or welcome or when a person with a disability is in the family.

In addition, the indicated duration will be extended in the course of delivery, adoption or multiple acceptance in two more days for each child from the second, or if one of them is a person with disabilities.

On the other hand, and in relation to non-contributory maternity benefit, the duration of 42 calendar days has been increased by 14 calendar days in cases of child birth in a large family or in which, with such reason, acquire such condition, or in a single-parent family, or in multiple-birth assumptions, or when the mother or child is affected by disability to a degree equal to or greater than 65 per 100.

In addition, and for both benefits, the possibility is provided for the recognition to be carried out by the managing body by means of a provisional resolution with the last listing basis on the basis of corporate data from the system until the base of contributions is incorporated for common contingencies of the month prior to the beginning of the rest or permit to be enjoyed.

Finally, the royal decree comes to the adaptation of the General Regulations on registration, affiliation and listing and settlement, respectively. They are changes required by the dynamics of management or by the legal reforms lately approved.

In the handling of this royal decree the appropriate reports have been obtained from the social partners and the affected organs of the General Administration of the State.

This royal decree is issued in accordance with the seventh final provision of the General Law of Social Security and with paragraph 1 of the third final provision of the Organic Law 3/2007, of March 22, for equality effective women and men.

In its virtue, on the proposal of the Minister of Labor and Immigration, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day 6 March 2009,

DISPONGO:

CHAPTER I

General provisions on protective action

Article 1. Scope of application.

1. The provisions laid down in Chapters II, III, IV and V of this royal decree shall apply to all systems of the system of social security, without any more specific features than those expressly indicated.

2. The provisions laid down in Chapters IV and V shall apply to public servants and workers subject to administrative or statutory rules, including in the General Social Security Scheme, to which they are granted, respectively, permit for risk during pregnancy or for risk during natural lactation.

3. This royal decree will apply in the Special Regiments of the Social Security of Civil Servants of the State, the Armed Forces, and the Officials to the Service of the Administration of Justice, in all that it does not oppose the required in the general regulatory framework of the relevant scheme.

CHAPTER II

Maternity allowance

Section 1. General Subposition: Contributory Nature Allowance

Article 2. Protected situations.

1. For the purposes of maternity benefit, maternity, adoption and family accommodation, both pre-adopted and permanent or simple, in accordance with the Civil Code or the civil laws of the communities, are considered to be protected. (a) to be regulated, provided that, in the latter case, its duration is not less than one year, and even if such arrangements are provisional, during periods of rest which are to be enjoyed in such situations, in accordance with the provisions of the Article 48.4 of the recast of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995 of 24 March and during the permits for reasons of reconciliation of personal, family and work life, as referred to in paragraphs (a) and (b) of Article 49 of Law 7/2007, of 12 April, of the Basic Staff Regulations Public Employee.

This will also be considered to be protected situations for temporary accommodation formalised by persons who are integrated into the General Social Security Scheme and which fall within the scope of the Basic Staff Regulations. Public Employee.

In addition, a protected situation shall be considered, on the same terms as established for the adoption and acceptance assumptions, the constitution of guardianship over minor by designation of a natural person, when the guardian is a family member. which, in accordance with civil law, cannot adopt the child.

2. Legal institutions declared by foreign judicial or administrative decisions, the purpose and legal effects of which shall be deemed to be legally comparable to the adoption and the pre-adoption, permanent or simple intended for adoption and pre-adoption, permanent or simple, the duration of which is not less than one year, whichever is the same.

They shall not be considered as comparable to the pre-adopted, permanent or simple reception, other possible modalities of family accommodation other than those mentioned above.

3. In accordance with Article 45.1 (d) of the Staff Regulations, in relation to the causes of suspension of the contract of employment, in the case of the adoption or family reception of persons with disabilities or of persons with disabilities, personal circumstances and experiences, or because they come from abroad, have particular difficulties of social and family insertion duly accredited by the competent social services, in order for the protected situation to occur or received shall be less than eighteen years.

It is understood that minors, adopted or accepted, who are over six years old, have a disability when they are valued at a level equal to or greater than 33 per 100, in accordance with Royal Decree 1971/1999, 23 December, a procedure for the recognition, declaration and qualification of the degree of disability.

4. In the case of self-employed persons included in the various special schemes of the social security system, these are considered to be protected situations as referred to in the preceding paragraphs of this Article, during the periods of (a) to the extent to which they are engaged, as regards both their duration and their distribution, with the periods of work rest laid down for employed persons, except as regards the possibility of receiving the (i) a subsidy to be made compatible with a part-time working day, to be carried out on regulated in paragraph 8 of the first provision.

Article 3. Beneficiaries.

1. Workers shall be entitled to the maternity allowance, regardless of their sex, including in the field of application of this Chapter, who enjoy the breaks or permits referred to in the Article. 2, provided that they satisfy the general condition of being affiliated and in high or in a situation assimilated to any system of the Social Security system and credit the minimum periods of contribution payable in each case.

2. Where the period of rest by maternity, adoption or reception is enjoyed, simultaneously or successively, by the two parents, adopters or welcoming persons, they shall both have the status of beneficiaries of the allowance, provided they meet in a independent of the required requirements.

3. In the case of childbirth, if the mother's death is caused, regardless of whether she or she is to perform any work, the other parent shall be entitled to the maternity allowance for the whole period of rest or during the period of Part of this period, computed from the date of the birth, provided that the person establishes the conditions required and without any neglect of the part that the mother may have received prior to the birth. In these cases, the enjoyment of this benefit is compatible with the right to paternity allowance.

4. In the case of childbirth, where the mother is a self-employed person who, by reason of her professional activity, is incorporated in the social welfare insurance system established by the relevant professional college, and is not entitled to If maternity protection is not provided for in the corresponding mutual benefit, the other parent, if she meets the conditions required and enjoys the corresponding rest period, may receive maternity allowance, as maximum, during the period which the mother would have been responsible for, and that allowance compatible with the paternity allowance. The same treatment shall be granted where the person concerned, for reasons beyond his or her wish, does not meet the conditions required for the granting of the benefit in charge of the mutual benefit, despite having chosen to include maternity protection from the time at which he was able to exercise that option, on the occasion of the exercise of professional activity.

If, on the other hand, the mother is entitled to maternity benefits in the system of provision arising from her professional activity, irrespective of the duration or the amount of her, or if she does not reach this right by not have voluntarily included the coverage of this benefit, the other parent shall not be entitled to the allowance in the Social Security system.

Where the mother is not entitled to benefits, because she is not included in the Special Social Security Scheme for self-employed or self-employed persons or in an alternative social welfare mutual benefit scheme, the other Parent may receive maternity allowance on the terms and conditions set out in the first subparagraph of this paragraph.

5. Also, in the case of childbirth, if the working mother does not meet the minimum required contribution period and is recognised as a non-contributory nature allowance, set out in the second section of this chapter, the other parent, at the option of the (a) a person who is entitled to receive the benefit of a contributory nature, during the period of rest which corresponds to, by discounting the duration and the increase in the non-contributory nature allowance which, if appropriate, would have been paid, in accordance with the Article 17.2 of this royal decree, and provided that it establishes the requirements required. Such allowance shall be compatible with that of paternity.

The option for the enjoyment of the permit in favor of the other parent must be performed by the mother at the beginning of the rest.

6. In the case of pluriemployment or multi-activity the beneficiary shall enjoy the maternity breaks and benefits in each of the jobs in an independent and uninterrupted manner, in accordance with the rules applicable in each case. The calculation of the benefits shall take account of the contribution bases for each of the undertakings or activities, the maximum ceiling established for the purposes of the scheme being applied to the regulatory base of the scheme concerned. quotation.

Where, in cases of multi-activity, workers credit the conditions for access to the benefit only in one of the schemes, a single subsidy shall be recognised by calculating exclusively the contributions paid to (a) If, in any of the schemes, the conditions for access to the right are met, the contributions made in all the schemes shall be aggregated provided that they do not overlap and the allowance is made for the scheme in which more days of contributions are credited. If, in the end, the contributions are still total, the right is not reached, the non-contributory nature allowance referred to in the second section of this chapter shall be recognised in the case of childbirth.

In case of shared enjoyment of the maternity leave, the number of days enjoyed in the two jobs or activities by the beneficiary who is in a multi-employment or multi-activity period must coincide.

7. Workers employed on a part-time basis shall be entitled to maternity benefit, with the particularities laid down in Royal Decree 1131/2002 of 31 October 2002 governing the social security of workers in part-time, as well as partial retirement, and with application of the specific rules laid down in this royal decree.

Such particularities shall not apply to full-time contract workers who, however, enjoy periods of maternity leave on a part-time basis.

8. In the case of workers who are responsible for the income of the contributions, as laid down in the additional thirtieth provision of the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of 20 June, will be a prerequisite for the recognition and payment of the benefit which the persons concerned are aware of in the payment of the social security contributions, even if the subsidy is recognised as a result of the Mutual recognition of contributions, in a scheme of employed persons.

To this end, the mechanism of the invitation to payment provided for in Article 28.2 of Decree 2530/1970 of 20 August, which regulates the Special Regime of Social Security of the Workers for Account, will apply. self or Autonomy, regardless of the social security scheme in which the person concerned is incorporated at the time of access to the allowance or in which the allowance is made.

9. For the purposes of the recognition of the special allowance for childbirth, adoption or multiple acceptance, as referred to in Article 6.2, the beneficiary shall have the status of the beneficiary, who in turn is the subject of the maternity allowance, provided that he enjoys a rest period of six weeks immediately following delivery, adoption or multiple reception. This allowance may be paid only by one of the parents, who, in the case of childbirth, shall be determined by the option of the mother and in the case of adoption or acceptance by agreement of the persons concerned.

10. The receipt of the maternity allowance is incompatible with the payment of wages or salaries corresponding to the same period, as a result of the enjoyment of the leave by birth or the adoption or acceptance permit provided for in the Article 49. (a) and (b), respectively, of the Basic Staff Regulations, with the exception of the perceptions granted in respect of social action or the supplementary to the provision of social security and without prejudice to the provisions of the provisions In this royal decree, in the case of the enjoyment of part-time rest and in cases of pluriemployment and pluriactivity.

Article 4. Situations treated as high.

For access to the maternity allowance, only situations similar to the one of the following are considered:

1. The legal situation of total unemployment for which contributory level benefit is received.

2. The month following the end of the public office or the cessation of the exercise of representative public office or of union functions of a provincial, regional or state level, which gave rise to the situation of forced leave or equivalent situation, during which reentry to work is required, in accordance with the provisions of Articles 46.1 and 48.3 of the Law on the Status of Workers.

3. The move of the worker by the company out of the national territory.

4. For the collective artists and professional taurinos, the days that are quoted by application of the rules that regulate their contribution, which will have the consideration of days listed and in situation of high, even if they do not correspond to the provision of services.

5. The situation of the worker during the period corresponding to paid annual leave which has not been enjoyed by him prior to the end of the contract.

6. The periods considered to be effective in relation to employed and self-employed workers who are victims of gender-based violence.

7. In the Special Agrarian Regime, the situation of displacement abroad for work reason, in the terms regulated in Article 71 of the General Regulation of the Special Agrarian System of Social Security, approved by Decree 3772/1972 of 23 December.

8. The Special Convention on Social Security for Members and Senators of the General Courts and Members of the European Parliament and the Special Convention on Social Security for Members of Parliaments and Governments the autonomous communities, which are regulated respectively in Articles 11 and 12 of Order TAS/2865/2003 of 13 October 2003 governing the special convention in the social security system.

9. The periods between campaigns of discontinuous fixed workers who do not receive contributory level unemployment benefits, without prejudice to the accrual of the benefit when the activity is restarted.

Article 5. Minimum quotation periods.

1. Minimum periods of contribution shall not be required for the recognition of the right to maternity allowance to workers who are less than 21 years of age on the date of birth or on the date of the administrative or judicial decision of a host or of the judgment in which the adoption is constituted.

2. Without prejudice to the provisions of the previous paragraph, access to maternity allowance is necessary to establish the following minimum contribution periods:

(a) If the worker is 21 years of age and is less than 26 on the date of delivery or on the date of the administrative or judicial decision of acceptance or of the judicial decision making the adoption, the Minimum period of contribution required shall be 90 days quoted within seven years immediately preceding the time of commencement of the rest. The above requirement shall be deemed to be met if, alternatively, the worker credits 180 days listed throughout his/her working life prior to the latter date.

(b) If the worker is 26 years of age on the date of delivery or on the date of the administrative or judicial decision of a host or of the judicial decision making up the adoption, the minimum period of The required contribution shall be 180 days within the seven years immediately preceding the start of the rest period. The above requirement shall be deemed to be met if, alternatively, the worker credits 360 days listed throughout his/her working life prior to the latter date.

3. In the course of delivery, and with exclusive application to the biological mother, the age, for the purpose of determining the minimum required contribution period, shall be that which is met by the person concerned at the time of the start of the rest, taking as a reference the the time of delivery for the purpose of verifying the accreditation of the minimum period which, in each case, corresponds to.

If the worker had started the rest period before the birth and, having recognized the right to the allowance taking as a reference the probable date of delivery, once it has been produced, will not credit the minimum period of (a) the required contribution shall be extinguished and the benefits received up to that date shall not be deemed to be undue. In such cases, the non-contributory nature allowance referred to in the second section of this chapter shall be recognised for the period concerned, to be counted from the date of delivery, in accordance with Article 17.2.

4. In cases of international adoption, where the prior movement of the adopters is necessary to the country of origin of the adoptee and the adopters are engaged in the period of suspension provided for in Article 48.4 of the Staff Regulations, the age, for the purpose of determining the minimum contribution period, it shall be that which the persons concerned have fulfilled at the time of the start of the rest, which may begin to be enjoyed up to four weeks before the decision making the adoption, and, in order to verify whether that minimum period is credited, the date of such a minimum period shall be taken as reference resolution.

The provisions of the preceding paragraph, as provided for in Article 49.b of the Basic Staff Regulations, extend to the situations of reception for persons falling within their scope of application, preadoptive, permanent or simple, and the age, for the purpose of determining the minimum contribution period, shall be that of the persons concerned at the time of the commencement of the permit by adoption or acceptance, after the expiry of the permit to up to two months ' duration entitled to the collection of basic remuneration. In order to verify whether that minimum period is credited, the date of the judicial decision making the adoption or the administrative or judicial decision of the host country shall be taken as a reference.

In the case of international adoption or acceptance, if the right to the allowance has been recognised at the beginning of the rest period, taking into account the four weeks in which the allowance may be anticipated, and, If the relevant court or administrative decision is not passed, the minimum contribution period shall not be credited, the allowance shall be extinguished and the benefits received up to that time shall not be deemed to be undue.

When the four-week period referred to in the first and second subparagraphs of this paragraph has elapsed and the corresponding judicial or administrative decision has not yet been taken, the managing body may suspend the receipt of the benefit in a cautious way until such time as it occurs.

In those cases where the allowance has been recognised and the adoption or the international welcome will not be completed, the persons concerned will not be obliged to return the benefits received up to the time of the refusal, or his case, until the time when his credit was suspended, for the period of four weeks, in accordance with the preceding paragraph.

5. In the case of part-time workers, the period of time immediately preceding the start of the rest period, in which the minimum required contribution period must be understood, shall be increased in inverse proportion to that between the the working day of the worker and the usual working day in the activity concerned and exclusively in relation to the periods in which, during that period, a working day was lower than the usual time.

Article 6. Economic performance.

1. The maternity allowance shall consist of a subsidy equal to 100 per 100 of the relevant regulatory basis, in accordance with Article 7.

2. In the case of multiple births and the simultaneous adoption or acceptance of more than one child, a special allowance shall be granted for each child or child received, starting from the second, equal to the one corresponding to the first, during the a period of six weeks immediately after delivery, or, in the case of adoption or acceptance, on the basis of the administrative or judicial decision of the acceptance or of the judicial decision establishing the adoption.

Article 7. Calculation of the benefit.

1. For the purposes of calculating the maternity allowance, the regulatory basis shall be equivalent to that laid down for the temporary incapacity benefit arising from common contingencies, taking as a reference the date of the start of the period of rest.

However, during the enjoyment of the rest periods on a part-time basis, the subsidy's regulatory base shall be reduced in inverse proportion to the reduction in the working time.

2. In the case of part-time contract workers, the daily basis for the subsidy shall be the result of dividing the sum of the listed bases of quotation into the undertaking during the 12 months immediately preceding the date of start of the work suspension, between three hundred and sixty-five.

If the worker's seniority in the company is less, the basis of the benefit will be the result of dividing the sum of the accredited quotation bases between the number of calendar days to which they correspond.

3. By way of derogation from paragraphs 1, 2 and 5 of this Article, the allowance may be granted by way of a provisional decision by the National Social Security Institute with the latest basis for listing on the databases. Until such time as the final decision is issued with the recalculation of the matching allowance.

4. In the case of workers hired for training, the regulatory basis shall be equal to 75 per 100 of the minimum contribution base in force.

5. For artists 'and professionals' collectives, the regulatory basis will be the daily average that results from dividing by 365 the sum of the quotation bases of the twelve months preceding the causative event, or the daily average of the period of The value of the contribution is less than one year.

In no case, the daily average that results may be lower, in monthly computation, to the minimum base of quotation that at each moment corresponds to the professional category of the worker.

6. Where the period of maternity, adoption or family accommodation is enjoyed, simultaneously or successively, by both parents, adopters or welcoming persons, the benefit shall be determined for each of them on the basis of their respective regulatory basis.

7. In cases of premature birth and in cases where, for any other cause, the neonate is to remain in the hospital after delivery, if the receipt of the maternity allowance has been interrupted, once the child's maternity allowance is resumed, the child has been discharged from hospital, the allowance shall be paid at the same amount as the person who was paid before the interruption, except as provided for in the following paragraph of this Article.

8. Exceptionally, the regulatory basis for the subsidy will be modified in the following cases:

(a) Where the minimum contribution base applicable to the worker in the scheme concerned is amended to update the amount of the contribution base from the date of entry into force of this new minimum base.

(b) Where an increase in the basis of contributions occurs, as a result of an increase in the wages of employees under the legal provision, collective agreement or judgment, which would bring their effects back an economic date prior to the date of the start of the maternity, adoption or reception period.

(c) Where for the calculation of the subsidy the last listing basis has been taken which consists of the corporate databases of the system and, subsequently, it is found that the latter does not match the basis of the common contingencies corresponding to the month before the start of the rest or permit, in accordance with the terms of paragraph 3 of this Article.

Article 8. Birth, duration and extinction of the right.

1. The maternity allowance shall be entitled from the same day on which the corresponding rest period starts, in accordance with the rules applicable in each case.

2. The duration of the maternity allowance shall be equal to that of the rest periods enjoyed, in accordance with the provisions of Article 48.4 of the Law on the Staff Regulations, and to that of the permits for the purposes of conciliation personal, family and work life, as referred to in paragraphs (a) and (b) of Article 49 of the Basic Staff Regulations.

Where the maternity allowance is shared, it shall be paid to each beneficiary during the part of the rest periods referred to in the preceding subparagraph, which have been effectively enjoyed by each parent, adopter or cozy. The receipt of the allowance may, in these cases, be carried out simultaneously or in succession with that of the other parent.

3. As a general rule, the maternity allowance shall be an uninterrupted period of sixteen weeks, which, in the case of childbirth, adoption or multiple acceptance, shall be extended by two weeks for each child or child from the second. In addition, in the case of the child's disability, the duration of the allowance will be extended by an additional two weeks and in the case of hospitalization of the neonate following the birth, it may be extended up to a maximum of thirteen weeks. All without prejudice to the provisions of Article 3.3.

The duration of the multiple periods of delivery, adoption or reception shall be accumulated, where appropriate, the additional duration of two weeks ' disability of each child or child adopted or accepted, as well as the period of Enlargement that corresponds in cases of hospitalization of the neonate following the delivery. However, in cases of multiple birth, the periods of hospitalization of each child shall not be accumulated when such periods have been simultaneous.

4. In the event of death of the child, the duration of the economic benefit shall not be reduced unless, after the end of the six weeks after the birth, the mother is required to return to her job. In the latter case, the option exercised by the mother in favour of the other parent shall be without effect.

The provisions of the preceding paragraph shall apply even if the fetus does not meet the conditions laid down in Article 30 of the Civil Code to acquire the personality, provided that it has remained in the mother's womb. for at least one hundred and eighty days.

In the case of the death of adopted children or minors, the duration of the economic benefit will not be reduced either, unless the adopters or welcoming persons request to return to their job. In this case, if the rest period was distributed between the two adopters or the host, the portion not consumed by one of them shall not accumulate to the period enjoyed by the other.

5. Where the mother has opted for the other parent to enjoy a certain and uninterrupted part of the maternity rest period and, once the cash is started, the mother may be deceased before she has completed it, the mother may be benefit from the allowance for the part of the rest period, which shall be reduced to the maximum duration, even if that period has already been reinstated to work.

The same rule will apply in the case of adoption and acceptance, if one of the adopters or beneficiaries of the maternity allowance is deceased, provided that the other surviving or welcoming survivor meets the requirements to cause entitlement to such allowance and benefit from the appropriate rest or leave.

6. Also, where both parents work, when the mother, at the beginning of the maternity leave period, has opted for the other parent to enjoy a part of that period, the parent may continue to make use of the period of maternity leave initially transferred and, if it meets the requirements, the corresponding allowance, although at the time provided for the return of the mother to the work, the mother is in a situation of temporary incapacity.

7. In the case of disability of the child or of the child, when the child is valued at a level equal to or greater than 33 per 100, in accordance with Royal Decree 1971/1999 of 23 December, the allowance shall be for an additional period of two weeks. If both parents, adopters or welcoming parents work, the additional period of receipt of the allowance will be distributed at the option of the parties concerned, who may enjoy it simultaneously or successively and always on an uninterrupted basis.

This disability will be credited if, by application of the scale of assessment of the degrees and levels of dependence, specific to children under 3 years, the assessment is, at least, of the moderate grade 1, as established Royal Decree 504/2007 of 20 April 2007 approving the scale of assessment of the situation of dependency established by Law 39/2006 of 14 December 2007 on the promotion of personal autonomy and care for persons in a situation of dependency.

When the degree of disability has not been determined, in the case of newborns, a report from the Public Health Service or a medical report from a public or private hospital will be sufficient, in the latter case endorsed by the Public Health Service, in which the disability or its possible existence is recorded.

8. Strike and lockout situations will not prevent the recognition and perception of maternity allowance.

9. In the case of premature births and in those other cases where the neonate requires hospitalization after delivery, the benefit of maternity leave and the receipt of the corresponding allowance may be interrupted at the request of the beneficiary, after the period of compulsory rest for the mother of six weeks after the birth is completed. The permit may be resumed from the date of the discharge of the child, for the period to be enjoyed. The receipt of maternity allowance shall not be interrupted if, during the period of receipt of the maternity allowance, the contract of employment of the beneficiary is extinguished or the cessation of the activity occurs. In the event of the death of the mother, the other parent may interrupt the enjoyment of the permit even during the six weeks following the birth.

If, in the same cases above, hospitalization is longer than seven days, the duration of maternity leave will be extended in as many days as the neonate should remain hospitalized below. of the delivery, with a maximum of thirteen additional weeks. Such extension shall take place even if the beneficiary has decided to interrupt the enjoyment of the said permit, in accordance with the provisions of the preceding paragraph. The benefit of the additional period of the allowance shall be for the mother or, at the option of the mother, the other parent, if she meets the necessary requirements and enjoys rest.

10. For persons falling within the scope of the Basic Staff Regulations, in the case of hospitalization of the unborn child following the birth referred to in the preceding paragraph, the duration of the allowance shall be extended maternity in as many days as the neonate is hospitalized, with a maximum of thirteen additional weeks, regardless of the minimum length of the hospitalization period and its cause.

11. For the purposes of the extension of the maternity leave period corresponding to the provisions of paragraphs 9 and 10 above, in cases where the neonate is to remain in the hospital after delivery, he shall be held in account for hospital internments initiated during the 30 calendar days following delivery.

12. The right to maternity allowance shall be extinguished by any of the following:

(a) For the duration of the maximum periods of rest periods referred to in the preceding paragraphs of this Article.

b) Where the rest period is exclusively enjoyed by one of the parents, by the voluntary reinstatement to the work of the beneficiary of the allowance before the maximum period of the duration of the mentioned rest period.

(c) In the case of successive or simultaneous enjoyment by both parents, by the voluntary reinstatement to the work of one or both of them, prior to the completion of the maximum periods of time of the periods of rest. In this case, the part which it subtracted to supplement it shall increase the duration of the subsidy to which the other beneficiary is entitled, without prejudice to the provisions of the first and third subparagraphs of paragraph 4 of this Article, in the case of the death of children or children under reception and in Article 9, in respect of the need for the mother, in the case of childbirth, to exercise the option in favour of the other parent at the start of the maternity leave period.

d) By the death of the beneficiary, unless the surviving parent can continue to enjoy the rest period, according to the legal or regulatory conditions established.

e) To acquire the beneficiary the condition of retirement pensioner or permanent incapacity, without prejudice to the enjoyment of the rest period remaining by the other parent.

In the cases provided for in paragraphs (b) and (c) above, the return of the mother to work, in the case of delivery, shall not take place until the six weeks after that date, established as a rest period mandatory.

Article 9. Option in favour of the other parent.

1. Pursuant to Article 48 (4) of the Staff Regulations and Article 49 (c) of the Basic Staff Regulations, in the case of both parents working, the other parent may be entitled to maternity allowance. provided that the mother, at the beginning of the period of maternity leave, has opted for the enjoyment of a certain and uninterrupted part of the period of rest after the birth, either simultaneously or in succession with that of the mother.

However, such an option may be revoked by the mother if they overcome facts that render her application unviable, such as absence, illness or accident of the other parent, family abandonment, separation, gender-based violence or other similar causes.

2. In cases of pluriemployment or of mother's pluriactivity, the option for the enjoyment of part of the rest in favour of the other parent shall be matched, in respect of the number of days transferred, in the two jobs or activities.

3. In the case of childbirth, where both parents share the rest periods, the recognition of a risk allowance shall not be granted during the course of natural lactation, as long as these periods have not been fully exhausted, whichever is the parent to enjoy them.

To this end, the option exercised by the mother in favour of the other parent will be annulled and the other parent must resume the enjoyment of the part of the maternity leave when, having been reinstated to work, the the existence of risk during natural lactation which results in the suspension of work activity.

Article 10. Maternity, temporary incapacity and termination of contract.

1. When the period of maternity leave is exhausted, if the beneficiary continues to need health care as a result of the birth and is unable to work, she shall be treated as a temporary disability due to common disease, starting from this moment, if it meets the required requirements and without continuity solution, the payment of the subsidy corresponding to the new contingency and the computation for the duration of said situation, with absolute independence of periods of maternity leave.

If, in the case referred to in the preceding paragraph, the employment contract has been extinguished during the period of the maternity break, the person concerned shall continue to receive the maternity benefit up to the date of termination of the contract, then, in accordance with Article 222.2 of the General Law on Social Security, to the legal situation of unemployment and to receive, where appropriate, the unemployment benefit and, where appropriate, the temporary incapacity benefit, in the set out in Article 222.3 of the same law.

2. The processes of temporary incapacity initiated before the birth and without the interested party having opted for the maternal rest, will be maintained in their own terms until the moment of delivery, leaving the possibility of option of the interested in such a break. From the date of birth, you must begin the enjoyment of the maternity break. If this has elapsed, the previous temporary incapacity situation will persist, the interrupted computation will resume, even if the work contract has been extinguished.

If the person concerned is to be found in the extension of the effects of the temporary incapacity situation provided for in Article 131 bis.3 of the General Law on Social Security, she may also cause the maternity benefit, on the basis of of the date of delivery, if it meets the conditions required for this, by interrupting the calculation of the indicated extension of effect, which shall be resumed, if appropriate, after the maternity allowance has been extinguished.

In the cases referred to in the preceding paragraphs, however, the procedure which, if any, would have been initiated, in order to declare the existence of a permanent incapacity, would not be brought to a standstill. Recognition of the right to a pension arising from such incapacity shall terminate the maternity allowance, without prejudice to the application of the rules laid down in relation to the allowance for the benefit of the pension for the purposes of determining the economic effects of the pension. temporary disability.

3. During the maternity break, the recognition of the right to temporary incapacity for temporary incapacity arising from common contingencies or over-coming professionals shall not be carried out, except in the case referred to in the following paragraph period. If the person concerned is in need of health care, is prevented from work and meets the conditions required, the situation of temporary incapacity to be applied shall be initiated, where appropriate, where appropriate, the provisions of the paragraph 1 of this article.

When a temporary disability process is initiated during the perception of a maternity allowance on a part-time basis, whatever the contingency may be, the allowance may also be paid at the same time. in accordance with the legal regime applicable to it, in accordance with the legal system. In such a case, the regulatory basis shall be calculated on the basis of the contribution of the part-time working time to be made compatible with the maternity allowance. If it is a self-employed worker, the temporary disability allowance, if any, shall be reduced by 50 per 100.

In the case provided for in the preceding paragraph, if the maternity allowance is exhausted, the worker continues to be in temporary incapacity, the allowance for this contingency shall be maintained for the amount which corresponds to the full-time arrangements, but for the duration and the percentage of the working time, the date of the medical discharge on part-time working time shall be taken as a reference.

4. In the case of termination of the contract of employment of a worker who has interrupted her situation of temporary incapacity arising from common or professional contingencies, due to the situation of maternity leave, the following rules:

1. If the extinction occurs once the maternity break is initiated, the benefit shall be maintained until the end of the period. Similarly, if the termination of the contract of employment occurs during the enjoyment of periods of rest on a part-time basis, the maternity allowance shall be paid in full from that time. If the other parent is already enjoying a rest period, on a full-time or part-time basis, the allowance paid to him shall be maintained in the terms in which he is receiving it. Once the mother's maternity break has been completed, if the previous temporary incapacity situation persists, the interrupted computation and the payment of the corresponding allowance shall be resumed, in accordance with the provisions of Article 222.1 of the the General Law of Social Security.

2. If the termination of the contract occurs before the start of the maternity break, it will cause the right to the economic benefit derived from this last contingency, interrupting the temporary incapacity before the birth and the payment of the corresponding allowance to be replaced from the day of commencement of the maternity situation for the allowance legally allocated to the latter.

There will also be a right to maternity benefit when there is no continuity solution between the extinction of the temporary incapacity for medical discharge and the start of the maternity situation. the medical discharge due to temporary incapacity and the start of the maternity break on the same day, either due to take place the following day of the maternity break.

If the termination of the contract of employment of any parent occurs before the start of the maternity break, the allowance which, where appropriate, corresponds to, shall be charged in full and shall not be shared by the enjoy the rest between the two, on a part-time basis.

5. The provisions of the preceding paragraphs shall apply in cases similar to those referred to therein, in the case of protected situations of adoption or preadoption, permanent or simple.

6. Where the receipt of the maternity allowance has been interrupted, in the cases referred to in Article 8.9, and, after the corresponding provision of services or activity has resumed, the person concerned shall initiate a temporary incapacity process, the process will be interrupted by the discharge of the child, with the consequent resumption of maternity allowance.

However, if, once the maternity allowance is extinguished, the temporary disability situation persists, the allowance corresponding to this last contingency which had been interrupted will be resumed.

Article 11. Refusal, cancellation and suspension of the right.

The right to maternity allowance may be refused, cancelled or suspended, in accordance with the provisions of Article 133d of the General Law on Social Security:

(a) When the beneficiary has acted fraudulently to obtain or preserve the allowance.

(b) Where the beneficiary is self-employed or employed during the relevant rest periods, except in the case of the receipt of a maternity allowance on a part-time basis or in the case of a case of pluriemployment and multi-activity.

The periods of receipt of the allowance will correspond to the rest periods which, in those cases, will be those not occupied by part-time work or by the jobs or activities that do not give rise to the allowance.

Article 12. Management of maternity benefits.

1. Maternity benefits shall be managed directly by the National Social Security Institute, except for workers included in the Special Scheme for the Social Security of Workers of the Sea, whose management will be the responsibility of the Social Institute of the Navy.

2. The payment of the subsidy will be made directly by the managing body, without any form of collaboration in the management by the companies.

3. Payment of the allowance shall be made for periods expired. The special allowance, in the case of multiple births, shall be paid in a single payment at the end of the six-week period after the delivery and, in the case of multiple adoption or multiple-acceptance, at the end of the six weeks immediately following the date of birth. the administrative or judicial decision of a host or of the judicial decision making the adoption.

Article 13. Maternity report.

1. The medical officer of the Public Health Service who takes care of the pregnant worker shall issue a maternity report certifying, as the case may be, the following:

(a) Likely date of delivery, when the worker starts the rest before that date.

b) Date of delivery.

2. The maternity report shall consist of one original and three copies. The original and a copy will be delivered to the worker and a copy will be sent to the company, another copy will be processed to the Health Services Inspectorate or equivalent organ of the corresponding Public Health Service and the last one will be in the power of the optional. Female employees will deliver the corresponding copy in the company within seven days.

In the case referred to in Article 10.2, where the worker is in the situation of temporary incapacity, the optional person shall, at the same time, extend to him a part of the medical discharge at the beginning of the maternity.

3. The Public Health Service shall transmit to the managing body the maternity report and the part of the medical discharge regulated in this article, within the five calendar days following that of their issue.

Article 14. Application for the maternity and termination of the allowance.

1. The procedure for the recognition of the right to maternity benefit shall be initiated at the request of the person concerned, by application to the competent provincial management of the relevant managing body, according to the a survey of the province in which it has its registered office.

Applications shall be made in the standard models established by the Social Security Administration and shall contain the data and circumstances provided for in Article 70 of Law No 30/1992 of 26 November 1992. Legal status of public administrations and the common administrative procedure.

Expressly, the applications shall indicate the reason for the application, the date of commencement and the planned distribution of the rest period of each of the beneficiaries, as well as the data relating to the undertaking or undertakings, if treatment of employed persons.

2. The application must be accompanied by the documents listed below, except those already provided for the processing of a paternity allowance by the same children or minors who have received:

1. In case of maternity and multiple birth:

(a) The maternity report issued by the relevant Public Health Service, referred to in the previous Article, where the managing body does not have it.

b) Family book or certification of the registration of the child or children in the Civil Registry, as long as this data has not been transmitted by the Civil Registry. Where the break has been initiated before delivery, such documents shall be accompanied after the registration of the child is carried out.

c) Certification of social security contributions of the last or last companies or accreditation of the contribution with the receipts of the payment of quotas, if the causative is obliged to his income, when necessary for credit the minimum contribution period, in order to determine the amount of the benefit or the requirement to be current in the payment of the fees.

(d) Where the mother does not have the right to suspend her professional activity with the right to benefits under the terms provided for in Article 3.4, and the other parent suspends her employment contract or activity by the parent rest period which would have been the case for the mother, proof or proof of the absence of entitlement to benefits shall be required in her private pension scheme or, where appropriate, justification for the failure to include the interested in an alternative forecast mutuality.

2. In the case of death of the mother, the applicant must attach the death certificate of the mother, when this information has not been transmitted to the managing body by the Civil Registry.

3. º If the mother exercises this right, option in favor of the other parent for this enjoyment to be part of the rest period.

In this case, as well as in the case of the mother's death, the data or supporting documents relating to the contribution of the person concerned, for the purpose of calculating the subsidy, as well as the certification of the undertaking in the the date of the start of the work suspension is recorded.

4. In the case of adoption or acceptance of one or more minors, it must be provided:

(a) The judicial decision establishing the adoption or the administrative or judicial decision granting the family reception, whether permanent, pre-adopted or simple, and even if such a reception is provisional.

If this is a simple welcome, it must be stated that its duration is at least one year.

In the case of international adoption or acceptance, in cases where the prior movement of adopters or welcoming persons to the country of origin of the adoptee is necessary, the documentation issued by the body shall be provided. the competent authority of the Autonomous Community, in which the procedures necessary for adoption or acceptance are justified, in order to improve the procedures.

(b) In the case of adoption or reception of minors over six years of age, workers falling within the scope of the Staff Regulations must submit certification by the Institute of Senior Citizens and Services. Social or competent body of the respective autonomous community, if minors are disabled, accredited that the adopted or accepted person has a degree of disability equal to or greater than 33 per 100, or certification of the public entity competent in matters of protection of minors, accreditative to the fact that the adopted or accepted, by its personal circumstances or because they come from abroad, have special difficulties of social or family insertion.

c) Certification of social security contributions of the last or last companies, or accreditation of the contribution with the receipts of the payment of quotas, if the causative is obliged to his income, when necessary for credit the minimum contribution period, in order to determine the amount of the benefit or the requirement to be current in the payment of the fees.

(d) Certification of the company or public administration in which the date of commencement of the work suspension or permit is recorded, respectively.

5. In accordance with Article 8.7, in the case of disability of children or children under three years of age, certification must be submitted by the Institute of Senior Citizens and Social Services or by the Autonomous community, accrediting that the disability is equal to or greater than 33 per 100, or that the assessment of the degree and level of dependence is, at least, of the moderate grade I, according to the scale of the specific assessment for minors three years.

This certification may be replaced, in the case of newborns, by a medical report from the Public Health Service or from a public or private hospital, in the latter case endorsed by the Public Health Service, in which Note the disability or its possible existence.

6. Deed document that establishes the prior agreement with the employer, when the rest period is enjoyed on a part-time basis. In the event that both parents, adopters or welcoming persons agree to this mode of day, each must provide such a document.

When it is a self-employed person who intends to enjoy the rest period on a part-time basis, by making it compatible with the allowance, a document proving the person's interest in which the precise terms in which the bias of the activity and the perception of the allowance will be made.

If, in accordance with the provisions of the first provision of this royal decree, the initially agreed or declared distribution of the enjoyment of the rest period is amended, that circumstance shall be knowledge of the managing body immediately.

7. In the case of hospital detention of the newborn, which results in the extension of the rest period, as provided for in the second subparagraph of paragraph 9 and in Article 8 (10), issued document by the hospital's accredited hospital facility, specifying the circumstances that, affecting the newborn, determine such internment, as well as the dates of its commencement and completion.

8. º Workers belonging to the Special Regime of Social Security of the Self-employed or Self-employed, with the exception of those included in the Special System of Workers of Own Agricultural and of the economically dependent self-employed workers, shall present, if the managing body considers it appropriate, a statement of the status of the activity.

3. In the light of the documentation submitted or of the accredited data and, once all the conditions required for access to the subsidy have been verified, the competent provincial director of the managing body shall give the express decision and the notify, within 30 days, from the receipt of the request of the person concerned, for the purpose of the recognition or refusal of the right to maternity benefit.

Notwithstanding the foregoing, the subsidy may be recognised by provisional resolution, in accordance with the terms set out in Article 7. Exceptionally, in cases where the activity in the undertaking was initiated in the month preceding that of the causative event, it will be necessary to present a certificate of the undertaking in which the corresponding contribution base is established, which will be the which is considered for the purposes of the calculation of the benefit. It shall be acted in the same way, where the worker is engaged on a part-time basis and it is not possible to determine the regulatory basis, or in cases where the undertakings have been authorised by the General Social Security Treasury to defer the income from the quotas after the following month.

4. The application for interruption of the receipt of the maternity allowance, in the cases provided for in the first paragraph of Article 8.9, shall be made by the mother or other parent of the newborn, depending on who is or is to be a beneficiary. of the benefit, which must prove the interruption of the suspension of the contract of employment or the cessation of the activity, as well as the existence of hospitalization of the child by means of the relevant document of the hospital, in which the circumstances required in paragraph 7. of paragraph 2 of this Article.

5. The managing body may initiate the procedure for the recognition of the maternity allowance on its own initiative, where it has sufficient information to do so, and must inform the person concerned within 15 days of the date of from the day following that of the causative event.

Section 2. Special Supposition: Non-contributory nature allowance

Article 15. Beneficiaries.

1. In the case of maternity allowance, female workers or selfemployed persons who, in the case of childbirth, meet all the conditions laid down for access to the maternity allowance covered by the allowance shall be eligible for maternity allowance. previous section, with the exception of the minimum contribution period referred to in Article 5.2, calculated in accordance with the first subparagraph of paragraph 3 of the same Article.

2. In the case of female workers who are responsible for the income of the contributions, as provided for in paragraph 3 of the additional provision 11a and in the additional thirtieth provision of the General Law on Social Security, it shall be a requirement for the recognition and payment of the benefit to be paid by the interested parties to the payment of the social security contributions.

To this end, the mechanism of the invitation to payment provided for in Article 28.2 of Decree 2530/1970 of 20 August, whichever is the social security system to which the person concerned is incorporated, will apply. the time of access to the allowance.

Article 16. Economic performance.

1. The daily amount of the benefit shall be equal to 100 per 100 of the public multi-purpose income indicator (IPREM) in force at any time.

2. However, if the daily regulatory basis, equivalent to that established for the temporary incapacity benefit arising from common contingencies, is of a lower amount, it shall be taken.

Also, in the case of part-time workers, if the daily regulatory basis, resulting from dividing the sum of the bases of quotation credited during the previous year to the causative fact between three hundred and sixty-five, This is the lower amount, it will be taken.

The subsidy may be recognized by a provisional resolution by the National Social Security Institute with the latest listing basis on the corporate databases of the system as soon as it is not available. incorporated the contribution base from common contingencies of the month before the start of the break or the permit, at which time the final resolution shall be issued with the recalculation of the allowance corresponding to it.

3. Irrespective of the provisions of the two preceding paragraphs, the regulatory basis shall be updated when there is an increase in the contribution base, as a result of an increase in the wages of workers under the terms of the legal provision, collective agreement or court judgment, which brings its economic effects back to a date prior to the date of the start of the maternity break. In such cases, if the regulatory basis is higher than the IPREM in force at that time, the latter shall be taken to determine the amount of the subsidy.

Similarly, the update of the regulatory base will be carried out in cases where the calculation of the subsidy has taken the last basis of quotation on the basis of the corporate data of the system and, subsequently, it is established that this does not coincide with the common contingency contribution basis corresponding to the month before the start of the break or permit, in accordance with the terms of paragraph 2 of this Article.

4. The obligation to list will continue during the receipt of the non-contributory nature allowance. To this end, where, in accordance with the rules applicable, the managing body is required to discount the amount of the allowance in respect of the worker, it shall determine its amount on the basis of the contribution of the month preceding that of the birth; during the maternity situation, the contribution base shall be lower than the minimum contribution base of the working class group of the worker, the latter base shall be applied.

Article 17. Birth, duration and extinction.

1. You will be entitled to the maternity allowance provided for in this section from the day of birth.

2. The duration of the service shall be 42 calendar days from birth. Such duration shall be increased by 14 calendar days in cases of birth of a child in a large family or in which, for that reason, it acquires such a condition, or in a single-parent family, or in the case of multiple births, or where the mother or the child is affected by disability to a degree equal to or greater than 65 percent. The increase of the duration is unique, without its accumulation proceeding when two or more circumstances are present.

For the purposes of consideration of the large family, the provisions of Law 40/2003 of 18 November of Protection of the Families of Numerous will be available.

Single-parent family shall be understood to be a single parent with whom the child is born and who is the sole supporter of the family.

It is also understood that there is multiple birth when the number of births is equal to or greater than two.

3. In the event of the death of the child, the duration of the economic benefit shall not be reduced, nor shall the foetus not meet the conditions laid down in Article 30 of the Civil Code to acquire the personality, provided that the remained in the maternal breast for at least one hundred and eighty days.

4. The duration of the allowance is not extended in the case of premature births and in the case of the hospitalization of the neonates, nor, in such cases, will the interruption of the allowance be made.

5. The provisions of Article 10 for the contributory nature allowance, in relation to maternity, temporary incapacity and termination of the contract, shall apply to the non-contributory nature allowance, as laid down in this second section, the situations referred to are similar for both types of subsidy.

6. Entitlement to the allowance shall be extinguished:

a) For the duration of the time limit set.

b) By the death of the beneficiary.

c) For the benefit of a permanent disability pension.

Article 18. Refusal, cancellation and suspension of the right.

The right to maternity allowance may be denied, cancelled or suspended, in accordance with the provisions of Article 133 of the General Law on Social Security:

(a) When the beneficiary has acted fraudulently to obtain or preserve the allowance.

(b) Where the beneficiary is self-employed or employed during the receipt of the allowance.

Article 19. Management of the benefit.

1. Maternity allowance of a non-contributory nature shall be directly managed by the National Social Security Institute, except for women workers included in the Special Scheme for the Social Security of Workers of the Sea, whose management will be the responsibility of the Social Institute of the Navy.

2. The payment of the subsidy will be made directly by the managing body, without any form of collaboration in the management by the companies.

3. Payment of the allowance shall be made for periods expired.

Article 20. Maternity report.

1. A maternity report shall be issued by the Public Health Service who is in store for the pregnant worker, in which the date of birth is certified.

2. The maternity report shall consist of one original and three copies. The original and a copy will be delivered to the worker and a copy will be sent to the company, another copy will be processed to the Health Services Inspectorate or equivalent organ of the corresponding Public Health Service and the last one will be in the power of the optional. Female employees will deliver the corresponding copy in the company within seven days.

In the case referred to in Article 10.2, where the worker is in the situation of temporary incapacity, the optional person shall, at the same time, extend to him a part of the medical discharge at the beginning of the maternity.

3. The Public Health Service shall transmit to the managing body the maternity report and the part of the medical discharge regulated in this article, within the five calendar days following that of their issue.

Article 21. Application for the maternity and termination of the allowance.

1. The procedure for the recognition of non-contributory maternity economic benefit shall be initiated at the request of the worker, by means of a request addressed to the competent provincial directorate of the relevant institution. manager of the province in which the province has its registered office.

Applications shall be made in the standard models established by the Social Security Administration and shall contain the data and circumstances provided for in Article 70 of Law 30/1992 of 26 November.

2. The application must be accompanied by the following documents:

(a) The maternity report issued by the relevant Public Health Service, referred to in the previous Article, where the managing body does not have it.

b) Family book or certification of the registration of the child or children in the Civil Registry, as long as this data has not been transmitted by the Civil Registry.

c) Certification of social security contributions of the last or last companies or accreditation of the contribution with the receipts of the payment of quotas if the cause is the obligation to its income, when necessary for justify the requirement to be aware of the payment of the fees.

(d) A declaration of the status of the activity, if the managing body considers it appropriate, in the case of workers included in the Special Regime for Social Security of the Self-Employed or Self-Employed, to the exception of those integrated into the Special System for Agricultural Own Account Workers and economically dependent self-employed workers.

3. In the case of the extension of the subsidy, in accordance with Article 17.2, in addition to the documents mentioned above, the following shall be required:

a) Official title of large family. However, if the condition of a large family has not been recognised, but such a situation is presumed, such a condition shall be credited with the submission of the form having applied for the large family title.

b) Certificate of disability of the mother, with recognition of a degree equal to or greater than 65 per 100, carried out in accordance with Royal Decree 1971/1999, of 23 December, of procedure for recognition, declaration and qualification of the degree of disability, by the competent authority of the corresponding autonomous community or by the provincial directorate of the Institute of Older and Social Services in Ceuta and Melilla.

(c) Medical report of the public hospital in which the birth of the child has occurred, in which the child's disability and the impact on the future life of the neonate are affected. If the birth occurs in a private facility, it will be necessary to present a report from the Health Public Service physician.

4. In cases where there is insufficient evidence of the existence of a large family, if the rest of the conditions required are met, the benefit shall be settled in an estimated way, except as regards the extension of the duration of the allowance for the condition of a large family. When the required documentation is submitted, the amount of the remaining benefit shall be paid if the contract of employment has been suspended.

If no such suspension is recorded, the worker must provide the company certificate.

In those cases where there is insufficient evidence of the existence of a large family, the days of enlargement cannot be enjoyed after the return to work.

5. In the light of the documentation submitted or of the accredited data, and once the requirements for access to the subsidy have been verified, the competent provincial director of the managing body concerned shall make express and notify within 30 days from the receipt of the application from the person concerned, the recognition or refusal of the right to maternity benefit.

Notwithstanding the foregoing, the subsidy may be recognised by provisional resolution, in accordance with the terms set out in Article 16. Exceptionally, in cases where the activity in the undertaking was initiated in the month preceding that of the causative event, it will be necessary to present a certificate of the undertaking in which the corresponding contribution base is established, which will be the which is considered for the purposes of the calculation of the benefit. It will be acted in the same way, when the worker is engaged on a part-time basis and it is not possible to determine the regulatory basis, or in cases where the companies have been authorized by the General Social Security Treasury to defer the income from the quotas after the following month.

6. The managing body may initiate the procedure for the recognition of maternity benefit on its own initiative, where it has sufficient information to do so, and must inform the person concerned within 15 days. counted from the day following that of the causative event.

CHAPTER III

Paternity allowance

Article 22. Protected situations.

1. For the purposes of paternity provision, the birth of a child, adoption and family accommodation, both pre-adopted and permanent or simple, in accordance with the Civil Code or the civil laws of the Member States, are considered to be protected. autonomous communities which regulate it, provided that, in the latter case, its duration is not less than one year, and even if such arrangements are provisional, during the period of suspension which, for such situations, are to be enjoyed, provided for in Article 48.a of the Staff Regulations and during the leave for reasons of reconciliation of personal, family and work life, as referred to in Article 49.c) of the Basic Staff Regulations, as well as under the provisions of the sixth provision of the Law of 23 December.

This will also be considered to be protected situations for temporary accommodation formalised by persons who are integrated into the General Social Security Scheme and which fall within the scope of the Basic Staff Regulations. Public Employee.

In addition, a protected situation shall be considered, on the same terms as established for the adoption and acceptance assumptions, the constitution of guardianship over minor by designation of a natural person, when the guardian is a family member. which, in accordance with civil law, cannot adopt the child.

2. Legal institutions declared by foreign judicial or administrative decisions, the purpose and legal effects of which shall be deemed to be legally comparable to the adoption and adoption of a pre-adoption, permanent or simple intended for the adoption and pre-adoption, permanent or simple, of any name.

They will not be considered as comparable to the preadopted, permanent or simple host of other possible family accommodation modalities other than those mentioned above.

3. In accordance with Article 45.1 (d) of the Staff Regulations, in relation to the causes of suspension of the contract of employment, in the case of the adoption or family reception of persons with disabilities or of persons with disabilities, personal circumstances and experiences, or because they come from abroad, have particular difficulties of social and family insertion duly accredited by the competent social services, in order for the protected situation to occur or received shall be less than eighteen years.

It is understood that minors, adopted or accepted, who are over six years old have a disability when they are valued at a level equal to or greater than 33 per 100, in accordance with Royal Decree 1971/1999, December 23.

4. In the case of self-employed persons included in the various special schemes of the social security system, the following paragraphs of this article are considered to be protected situations for a period of 13 years. natural days of cessation of the activity or, where appropriate, during the period corresponding to the duration provided for in Article 26.2, and the possibility of the rest on a part-time basis, shall be made on the basis of the regulated in paragraph 8 of the first provision.

Article 23. Beneficiaries.

1. Workers shall be entitled to a paternity allowance, regardless of their sex, including in the field of application of this Chapter III, who enjoy the period of suspension or leave of absence, to the benefit of the paternity allowance. referred to in paragraph 1 of the previous Article, provided that, together with the general condition of being affiliated and in high or in a situation assimilated to any system of the social security system, they have a minimum contribution period of 180 days, within seven years immediately prior to the date of commencement of such suspension or permit, or, alternatively, 360 days throughout your working life prior to that date.

In the case of part-time workers, the period of time immediately preceding the start of the rest, in which the minimum required contribution period must be understood, shall be increased in inverse proportion to the existing between the working day carried out by the worker and the usual working day in the activity concerned and exclusively in relation to the periods in which, during that period, a shorter working day had been carried out.

2. In the case of delivery, the allowance shall be exclusively for the other parent, if it meets the conditions laid down and enjoys the period of suspension or corresponding leave, as referred to in paragraph 1 of the previous Article.

In the case of adoption or acceptance, the right to the allowance will be for one of the parents only, at the choice of the persons concerned. However, where the period of suspension or maternity leave is fully enjoyed by one of the parents and, consequently, the corresponding benefit is paid in full, the paternity allowance shall be recognised in favour of the another parent, if it meets the required requirements.

3. In cases where there is only one parent, adopter or welcoming, if the parent receives maternity allowance, she will not be able to accumulate the paternity allowance.

In case of shared enjoyment of periods of rest or maternity leave, the condition of the beneficiary of the paternity allowance is compatible with the perception of maternity allowance, provided that the beneficiary meet all required requirements.

4. In situations of multi-activity, the allowance may be paid in each of the social security schemes in which the required requirements are met. In such situations, if the workers prove the conditions for access to the benefit only in one of the schemes, a single subsidy shall be recognised by calculating exclusively the contributions paid to the scheme. If, in none of the schemes, the conditions for access to the right are met, the contributions made in all the schemes will be aggregated provided that they do not overlap, and the allowance will be paid in the scheme in which more days are credited. quotation.

In situations of multi-employment, the worker may cause the allowance in each job, if he/she enjoys the corresponding rest period and, for the purposes of a regulatory basis, account shall be taken of the contribution bases corresponding to the each of the undertakings or activities, the maximum ceiling established for the purpose of listing being applicable.

In the cases indicated for pluriemployment and pluriactivity, the enjoyment of the breaks and paternity benefits in each of the jobs or activities will be carried out independently and without interruption, according to the applicable rules in each case.

5. Parttime workers shall be entitled to the economic benefit by paternity, with the particularities laid down, for maternity cases, in Royal Decree 1131/2002 of 31 October 2002 and with the application of the specific rules provided for in this Royal Decree.

Such particularities shall not apply to full-time contract workers who, however, enjoy the periods of leave by paternity on a part-time basis.

6. In the case of workers who are responsible for the income of the contributions, as laid down in the additional 30th of the General Law on Social Security, it will be a necessary requirement for the recognition and payment of the benefit of the persons concerned to the current in the payment of the social security contributions, even if the allowance is recognised as a result of the reciprocal calculation of contributions in an employed person's scheme.

To this end, the mechanism of the invitation to payment provided for in Article 28.2 of Decree 2530/1970 of 20 August, whatever the system of the social security system in which the person concerned is, will apply. checked in at the time of access to the allowance or in which it is caused.

7. In the case of childbirth, if the mother does not have the right to suspend her professional activity entitled to maternity benefits, in accordance with the rules governing that activity, in the words referred to in Article 3.4, the other parent may be entitled to the paternity allowance, which is compatible with the maternity allowance, if it meets the conditions for access to both allowances and benefits from the rest periods.

8. Where the mother resides in a foreign country and the birth of the child has occurred outside Spain, the other parent may receive the paternity allowance, if she meets the required requirements and enjoys the rest period.

9. The perception of the paternity allowance is incompatible with the payment of wages or salaries corresponding to the same period, as a result of the enjoyment of the paternity leave by the birth, acceptance or adoption of a child, provided for in Article 49 (c) of the Basic Staff Regulations and in the sixth provision of the Law of 23 December 2008, with the exception of the perceptions granted in respect of social action or the accompanying measures Social security provision and without prejudice to the specialities provided for in this royal decree the assumptions of the enjoyment of part-time rest and in cases of pluriemployment and multi-activity.

Article 24. Situations treated as high.

For access to the economic provision by parenthood, the following situations are considered to be similar to the one of the following:

1. The legal situation of total unemployment for which contributory level benefit is received.

2. The month following the end of the public office or the cessation of the exercise of representative public office or of union functions of a provincial, regional or state level, which gave rise to the situation of forced leave or equivalent situation, during which reentry to work is required, in accordance with the provisions of Articles 46.1 and 48.3 of the Law on the Status of Workers.

3. The move of the worker by the company out of the national territory.

4. For the collective artists and professional taurinos, the days that are quoted by application of the rules that regulate their contribution, which will have the consideration of days listed and in situation of high, even if they do not correspond to the provision of services.

5. The situation of the worker during the period corresponding to paid annual leave that has not been enjoyed before the end of the contract.

6. The periods considered to be effective in relation to employed and self-employed workers who are victims of gender-based violence, when, in cases of adoption or acceptance, the allowance for maternity is perceived by the other parent.

7. In the Special Agrarian System of Social Security, the situation of displacement abroad for work reason, in the terms regulated in Article 71 of the General Regulation of the Special Agrarian Regime of the Social security, approved by Decree 3772/1972 of 23 December.

8. The Special Convention on Social Security for Members and Senators of the General Courts and Members of the European Parliament and the Special Convention on Social Security for Members of Parliaments and Governments the autonomous communities, regulated respectively in Articles 11 and 12 of Order TAS/2865/2003 of 13 October 2003.

9. The periods between campaigns of discontinuous fixed workers, who do not receive contributory level unemployment benefits, without prejudice to the accrual of the benefit when the activity is restarted.

Article 25. Economic performance.

1. The paternity allowance shall consist of a subsidy equal to 100 per 100 of the regulatory base which is established for the temporary incapacity benefit arising from common contingencies, taking as a reference the date of start of the rest period.

However, during the enjoyment of the rest periods on a part-time basis, the subsidy's regulatory base shall be reduced in inverse proportion to the reduction in the working time.

2. In the case of part-time contract workers, the daily basis for the subsidy shall be the result of dividing the sum of the listed bases of quotation into the undertaking during the 12 months immediately preceding the date of start of the work suspension, between three hundred and sixty-five.

If the worker's seniority in the company is less, the basis of the benefit will be the result of dividing the sum of the accredited quotation bases between the number of calendar days to which they correspond.

3. By way of derogation from paragraphs 1, 2 and 5 of this Article, the allowance may be granted by way of a provisional decision by the National Social Security Institute with the latest basis for listing on the databases. Until such time as the final decision is issued with the recalculation of the matching allowance.

4. In the case of workers hired for training, the regulatory basis shall be equal to 75 per 100 of the minimum contribution base in force.

5. For artists 'and professionals' collectives, the regulatory basis will be the daily average that results from dividing by 365 the sum of the quotation bases of the twelve months preceding the causative event, or the daily average of the period of The value of the contribution is less than one year.

In no case, the daily average that results may be lower, in monthly computation, to the minimum base of quotation that at each moment corresponds to the professional category of the worker.

6. Exceptionally, the regulatory basis for the subsidy will be modified in the following cases:

(a) Where the minimum contribution base applicable to the worker in the scheme concerned is amended to update the amount of the contribution base from the date of entry into force of the new minimum base.

(b) Where an increase in the basis of contributions occurs, as a result of an increase in the wages of employees under the legal provision, collective agreement or judgment, which would bring their effects back an economic date prior to the date of the start of the paternity break.

(c) Where for the calculation of the subsidy the last listing basis has been taken which consists of the corporate databases of the system and, subsequently, it is found that the latter does not match the basis of the common contingencies corresponding to the month before the beginning of the period of suspension or permit, in accordance with the terms of paragraph 3 of this Article.

Article 26. Birth, duration and extinction of the right.

1. The paternity allowance shall be entitled from the same day on which the period of suspension or corresponding leave of absence is initiated, in accordance with the rules in each applicable case.

2. The duration of the paternity allowance shall be equivalent to that of the rest period which is enjoyed, in the following terms:

a) Thirteen natural days uninterrupted, extensible in the case of childbirth, adoption or multiple reception in two more days for each child from the second, for the workers to whom it is applicable Article 48.a of the Staff Regulations.

b) Fifteen calendar days uninterrupted, during the paternity leave by the birth, acceptance or adoption of one or more children, in accordance with the provisions of Article 49.c) of the Basic Staff Regulations, for the persons integrated into the General Social Security Scheme to whom the Staff Regulations are applied.

(c) Twenty calendar days uninterrupted, whatever the applicable law, when the new birth, adoption or acceptance occurs in a large family, when the family acquires such a condition with the new birth, adoption or welcome, or where a person with a disability previously existed in the family, at a level of 33% or more, in accordance with Royal Decree 1971/1999 of 23 December.

This duration will be extended in the event of birth, adoption, or multiple acceptance in two more days for each child from the second.

The increase in the duration is unique, without its accumulation proceeding when two or more of the above mentioned circumstances are present.

For the purposes of consideration of the large family, the provisions of Law 40/2003 of 18 November of Protection of the Families of Numerous will be available.

Family members are considered to be both parents and children of both, common and non-common, who live with them.

(d) Twenty calendar days uninterrupted, whatever the applicable law, when the child, adopted or minor, has a disability to a degree equal to or greater than 33%, in accordance with the Royal Decree 1971/1999, of 23 December.

3. Employed persons, falling within the scope of the Staff Regulations, may receive the paternity allowance for the period from the end of the leave by birth of a child, provided for in law or conventionally, or from the judicial decision establishing the adoption or from the administrative or judicial decision of the host country, until the end of the suspension of the contract for delivery, adoption or acceptance, or immediately after the termination of that suspension, and provided that, in all cases, occurs the effective enjoyment of the corresponding rest period.

Self-employed persons may receive the allowance for the period from the date of birth of the child, from the judicial decision making the adoption or from the administrative or judicial decision (a) until the end of the period corresponding to the maternity, adoption or reception period, or immediately after the end of the rest period, provided that, in any event, the cessation of the activity occurs during the period period.

Persons who are integrated into the General Social Security Scheme and who are included in the scope of the Basic Staff Regulations shall receive the allowance from the date of birth of the decision. (a) the administrative or judicial body or the judicial decision making the adoption, unless the applicable law provides for the time of the enjoyment of the permit in other words. Exceptionally, in the case of premature children or for any other cause to remain hospitalized, they may initiate the receipt of the allowance from the child's discharge.

In situations of pluriemployment or pluriactivity, paternity allowances may be initiated at any time as indicated in the preceding paragraphs, so they may be collected simultaneously, successively or separately. in time.

4. In the case of childbirth, if the mother does not have the right to suspend her professional activity entitled to maternity benefits, in accordance with the rules governing that activity, in the terms of Article 3.4, the other parent receive paternity benefit immediately after the statutory or statutory paid leave to which you are entitled and then you will receive maternity allowance.

Also, in case of delivery, if the mother does not work and there is no place for periods of maternity rest, it will be assumed that these have existed for the effects of the paternity leave which, then, can be initiated in the same way as if the mother had been a worker entitled to the enjoyment of rest periods.

5. In all cases where there are extensions of periods of rest or maternity leave, the disability of children or children under reception, by birth, adoption or multiple reception, or when neonates are required to remain in the case of a non-contributory maternity allowance, the paternity allowance may be initiated at the end of such additional periods or before the end of the period.

6. In addition, where maternity allowance is paid on a part-time basis, the paternity allowance may be paid either during the receipt of the maternity allowance in full or immediately after the maternity allowance. extinction.

7. The paternity allowance may not be recognised if the child or child received dies before the start of the suspension or leave. However, once the allowance has been recognised, the allowance will not be extinguished even if the child or child has died.

8. The paternity allowance shall be extinguished for the duration of the period laid down, for voluntary reinstatement to work or activity, for the benefit of the beneficiary pension or permanent incapacity, or for the death of the beneficiary.

Article 27. Paternity, temporary incapacity and termination of contract.

1. When the paternity rest period is exhausted, if the beneficiary is unfit for work, he or she will be considered to be in a temporary disability situation, starting from this moment, if he meets the conditions required and without a solution. of continuity, the payment of the subsidy corresponding to the new contingency and the computation for the duration of the situation, with absolute independence from the periods of rest by paternity.

If, in the case referred to in the preceding paragraph, the contract of employment has been extinguished during the enjoyment of the paternity break, the person concerned shall continue to receive the paternity benefit up to its extinction, then, in accordance with Article 222.2 of the General Law on Social Security, to the legal situation of unemployment and to receive, where appropriate, the unemployment benefit and, where appropriate, the temporary incapacity benefit, in the set out in Article 222.3 of the same law.

2. In the field of application of the Staff Regulations, the temporary incapacity proceedings initiated before the paternity suspension shall be maintained on their own terms up to the time of the start of the rest, within the period established in Article 26 of this royal decree. Once the paternity allowance is received, if the previous temporary incapacity is persisted, the interrupted computation and the allowance for the contingency will be resumed.

Within the scope of the Basic Staff Regulations, temporary incapacity proceedings will be interrupted and paternity leave will be initiated from the date of birth of the child, from his discharge, of the administrative or judicial decision of a host or of the decision making the adoption. If these permits have passed, the previous temporary disability situation will persist, the interrupted computation and the allowance for this contingency will be resumed.

If the person concerned is in an extension for the purposes of the temporary incapacity situation provided for in Article 131bis.3 of the General Law on Social Security, he may cause the paternity benefit if he meets the requirements for this purpose, the computation of the indicated extension of effects being interrupted, which shall be resumed, if appropriate, after the end of the paternity allowance.

In the cases referred to in the preceding paragraphs, however, the procedure which, if any, would have been initiated, in order to declare the existence of a permanent incapacity, would not be brought to a standstill. Recognition of the right to a pension arising from such incapacity shall terminate the paternity allowance, without prejudice to the application of the rules laid down in relation to the allowance for the benefit of the pension. temporary disability.

During the suspension of the contract or activity or the enjoyment of the paternity leave, it shall not proceed, except in the case referred to in the following paragraph, the recognition of the right to the temporary disability allowance of common or professional contingencies over that period.

When, during the perception of a paternity allowance on a part-time basis, a temporary disability process is initiated, whatever the contingency it derives from, it may also be perceived as at the same time the subsidy corresponding to this situation, in accordance with the legal system applicable to it. In such a case, the regulatory basis shall be calculated on the basis of the contribution of the part-time working time to be made compatible with the paternity allowance. In the case of a self-employed person, the temporary disability allowance, where appropriate, shall be reduced by 50 per 100.

In the case provided for in the preceding paragraph, if, when the paternity allowance is exhausted, the persons concerned continue to be in temporary incapacity, the allowance for this contingency shall be maintained for the amount which corresponds to the full-time arrangements, but for the duration and the percentage of the working time, the date of the medical discharge on part-time working time shall be taken as a reference.

3. In the case of termination of the contract of employment of a worker who has interrupted his or her temporary incapacity for work resulting from common or professional contingencies, the situation of paternity rest shall apply to the following rules:

1. If the extinction occurs after the beginning of the paternity break, the perception of the benefit will be maintained until the end of the situation. Similarly, if the termination of the contract of employment occurs during the enjoyment of periods of rest on a part-time basis, from that moment on, the paternity allowance shall be paid in full. Once this allowance has been extinguished, if the previous temporary incapacity situation persists, the interrupted computation and the payment of the corresponding allowance shall be resumed, in accordance with the provisions of Article 222.1 of the General Law of the European Union. Social Security.

2. If the termination of the contract occurs before the start of the paternity break, it will cause the right to the economic benefit derived from this last contingency, interrupting the temporary incapacity and the payment of the allowance which is to be replaced from the day of the start of the paternity situation for the legally assigned allowance to the latter.

It will also be caused by the right to the economic benefit by paternity when between the extinction of the temporary incapacity for medical discharge and the beginning of the fatherhood situation there is no solution of continuity, well to produce the medical discharge due to temporary incapacity and the start of the paternity break on the same day, either due to take place the next day of the day.

Article 28. Refusal, cancellation and suspension of the right.

The right to paternity allowance may be denied, cancelled or suspended, in accordance with Article 133 of the General Law on Social Security:

(a) When the beneficiary has acted fraudulently to obtain or preserve the allowance.

(b) Where the beneficiary is self-employed or employed during the relevant rest periods, except in cases where a paternity allowance is paid on a part-time basis or in the case of a given period of time of pluriactivity or pluriemployment.

The periods of receipt of the allowance will correspond to the rest periods which, in those cases, will be those not occupied by part-time work or by the jobs or activities that do not give rise to the allowance.

Article 29. Management of the economic provision by paternity.

1. The economic benefit by paternity shall be managed directly by the National Institute of Social Security, except for the workers included in the Special Regime of Social Security of the Workers of the Sea, whose management will be the responsibility of the Social Institute of the Navy.

2. The payment of the subsidy will be made directly by the managing body, without any form of collaboration in the management by the companies.

3. The allowance shall be paid in a single payment, even if the benefit of the rest period or the corresponding permit has not been completed.

Article 30. Application for the economic provision by paternity and resolution of the same.

1. The procedure for the recognition of the right to paternity benefit shall be initiated at the request of the person concerned, by application to the competent provincial management of the managing body concerned, according to the a survey of the province in which it has its registered office.

Applications shall be made in the standard models established by the Social Security Administration and shall contain the data and circumstances provided for in Article 70 of Law 30/1992 of 26 November.

Expressly, requests shall indicate the reason for the application, the date of commencement of the suspension or the permit, as well as the data relating to the undertaking or undertakings, in the case of employed persons.

2. The application must be accompanied by the documents listed below, except those already provided for the processing of a maternity allowance for the same children or minors who have received:

1. Family Book or certification of the child's or children's registration in the Civil Registry, as long as this data has not been transmitted by the Civil Registry. If the child has been born abroad, the certificate of birth validated by the corresponding Consulate shall be provided, where appropriate.

2. Company or public administration certification on the date of commencement of the work suspension or permit, respectively.

3. Certification of social security contributions of the last or last companies or accreditation of the quotation with the receipts of the payment of quotas if the deceased is the obliged to his/her income, when they are necessary for credit the minimum contribution period, in order to determine the amount of the benefit or the requirement to be current in the payment of the fees.

4. In the cases of adoption or acceptance of one or more minors, the judicial decision establishing the adoption or the administrative or judicial decision granting the family accommodation shall be provided. be permanent, pre-adopted or simple, and even if such reception is provisional.

If this is a simple welcome, it must be stated that its duration is at least one year.

5. The document that establishes the prior agreement with the employer, when the rest period is enjoyed on a part-time basis.

When it is a self-employed person who intends to enjoy the rest period on a part-time basis, by making it compatible with the allowance, a document certifying the person in which the precise terms in which the bias of the activity and the perception of the allowance will be made.

If, in accordance with the provisions of the first provision of this royal decree, the initially agreed or declared distribution of the enjoyment of the rest period is amended, that circumstance shall be knowledge of the managing body immediately.

6. º Workers belonging to the Special Regime of Social Security of Self-Employed or Self-Employed, with the exception of those included in the Special System for Workers of Own Agricultural Account and of the economically dependent workers, shall present, if the managing body considers it appropriate, a statement of the status of the activity.

7. In the cases where the extension of the subsidy is appropriate, in accordance with Article 26.2, in addition to the documents mentioned above, the following shall be required:

a) Official title of large family. However, if the condition of a large family has not been recognised, but such a situation is presumed, such a condition shall be credited with the submission of the form having applied for the large family title.

In cases where there is insufficient evidence of the existence of a large family, the extension of the duration of the allowance may not be recognised for the large family condition.

(b) Certificate of the disabled family member, with recognition of a degree equal to or greater than 33%, carried out in accordance with Royal Decree 1971/1999 of 23 December 1999 by the competent body of the Autonomous community or the provincial directorate of the Institute of Older and Social Services in Ceuta and Melilla.

(c) Medical report of the public hospital in which the birth of the child has occurred, in which the child is suffering from disability. If the birth occurs in a private facility, it will be necessary to present a report from the Health Public Service physician.

3. In the light of the documentation submitted or of the accredited data, and once the requirements for access to the subsidy have been verified, the competent provincial director of the managing body concerned shall make express and notify within 30 days from the receipt of the application from the person concerned, the recognition or refusal of the right to the economic benefit by paternity.

Notwithstanding the foregoing, the subsidy may be recognised by provisional resolution, in accordance with the terms of Article 25. Exceptionally, in cases where the activity in the undertaking was initiated in the month preceding that of the causative event, it will be necessary to present a certificate of the undertaking in which the corresponding contribution base is established, which will be the which is considered for the purposes of the calculation of the benefit. It shall be acted in the same way, where the worker is engaged on a part-time basis and it is not possible to determine the regulatory basis, or in cases where the undertakings have been authorised by the General Social Security Treasury to defer the income from the quotas after the following month.

4. The managing body may initiate the procedure for the recognition of the paternity benefit on its own initiative, where it has sufficient information to do so, and must inform the person concerned within 15 days of the date of the counted from the day following that of the causative event.

CHAPTER IV

Risk allowance during pregnancy

Section 1. Third Rules applicable to female employees

Article 31. Protected status.

1. For the purposes of the economic benefit at risk during pregnancy, it is considered to be a protected situation where the pregnant worker is found during the period of suspension of the contract of employment in the cases where, it is to be changed from work to another compatible with its state, in accordance with the terms of Article 26.2 and 3 of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, such a change of position is not technically or objectively may or may not reasonably be required for justified reasons.

When the circumstances referred to in Article 26 concerned an official integrated into the General Regime and included in the scope of the Basic Staff Regulations, it shall be deemed to be protected by risk during pregnancy, for the purpose of the economic benefit of Social Security, regulated in this section.

2. In accordance with the provisions of the above paragraph, the risk or disease arising out of a negative impact on the health of the worker or the foetus shall not be considered as a protected situation, where it is not related to agents, procedures or working conditions of the post performed.

Article 32. Beneficiaries.

1. In the case of suspension of the contract of employment at risk during pregnancy, workers shall be entitled to benefit from the allowance, provided that they are affiliated to and in the upper part of the system of the social security system in question. the date on which the suspension is initiated.

On the same terms, workers integrated into the Special Social Security Regime of the Household Employees, who provide their services for a home with exclusive character, will be beneficiaries of the subsidy.

2. Parttime workers shall be entitled to the economic benefit at risk during pregnancy, with the particularities laid down in Article 34, in respect of the regulatory basis and the payment of the benefit.

3. Female employees who are previously related will be considered, in full, in a situation of discharge for the purpose of obtaining the risk allowance during pregnancy, even if their employer has failed to fulfil their obligations.

Article 33. Economic performance.

The economic benefit at risk during pregnancy shall consist of a subsidy equal to 100 per 100 of the corresponding regulatory base, in accordance with Article 34.

Article 34. Calculation of the benefit.

1. For the purposes of calculating the risk allowance during pregnancy, the regulatory basis shall be equivalent to that laid down for the provision of temporary incapacity, arising from professional contingencies, or, where appropriate, equivalent to that laid down for the temporary incapacity benefit arising from common contingencies, where the scheme concerned does not cover the coverage of professional contingencies, taking as a reference the date on which the suspension of the contract of employment is initiated. job.

2. The following particularities shall be taken into account in multi-employment situations:

(a) Where the suspension of the contract of employment by risk during pregnancy is declared in all the activities carried out simultaneously by the worker, for the determination of the regulatory base of the subsidy, they shall be computed all of its trading bases in the various companies, the maximum ceiling established for the purpose of listing being applicable.

(b) If the suspension of the contract of employment by risk during pregnancy is declared in one or some of the activities carried out by the worker, but not in all, in the calculation of the basis of the subsidy, only the shall take the basis of quotation for the undertakings in which the suspension of the contract of employment occurs, applying, for these purposes, the limit corresponding to the fraction or fractions of the maximum ceiling for which they are assigned.

3. The provisions of Article 48 shall apply in situations of multi-activity.

4. In the case of part-time workers, the daily basis for the subsidy will be the result of dividing the sum of the listed bases of contribution into the company during the three months immediately preceding the date of start of the suspension of work, between the number of calendar days included in that period.

If the worker's seniority in the company is less, the basis of the benefit will be the result of dividing the sum of the accredited quotation bases between the number of calendar days to which they correspond.

5. In the case of workers hired for training, the regulatory basis shall be equal to 75 per 100 of the minimum contribution base in force.

6. For artists 'and professionals' collectives, the regulatory basis will be the daily average that results from dividing by 365 the sum of the quotation bases of the twelve months preceding the causative event, or the daily average of the period of The value of the contribution is less than one year.

In no case, the daily average that results may be lower, in monthly computation, to the minimum base of quotation that at each moment corresponds to the professional category of the worker.

Article 35. Birth, duration and extinction of the right.

1. The right to the allowance is born on the same day as the suspension of the contract of employment or the risk permit during pregnancy.

2. The allowance shall be paid during the period of suspension or leave which is necessary for the protection of the health or safety of the worker or the foetus and shall end the day before the suspension of the employment contract is initiated. maternity or the return of the working woman to her previous job or another compatible with her state.

3. The allowance shall be paid to female workers engaged on a part-time basis for all calendar days in which the suspension of the contract of employment is maintained at risk during pregnancy.

4. Entitlement to the allowance shall be extinguished by:

(a) Suspension of the maternity work contract.

b) Reincorporation of the working woman to her previous job or another compatible with her status.

c) Extinction of the employment contract by virtue of legally established causes.

d) Interruption of pregnancy.

e) Death of the beneficiary.

5. The worker and the company shall be obliged to communicate to the managing body any circumstance involving the suspension or termination of the right to the allowance.

Article 36. Recognition, refusal, cancellation and suspension of the right.

1. The recognition of the right to the risk allowance during pregnancy corresponds to the managing body or to the mutual of occupational accidents and occupational diseases of the Social Security with which the company has the company's coverage. professional contingencies.

2. Entitlement to the allowance may be refused, cancelled or suspended, in accordance with the provisions of the temporary disability allowance in Article 132.1 of the General Law on Social Security:

(a) When the beneficiary has acted fraudulently to obtain or preserve the allowance.

(b) When carrying out any work or activity, either as an employed or self-employed person, except as provided for in Article 48 of this royal decree.

3. Entitlement to the allowance shall be suspended for periods between seasons for fixed and discontinuous workers, as long as the new appeal is not produced.

4. The competent management body may declare the business responsibility in order for the benefits, as well as the entity which, where appropriate, must anticipate them.

Article 37. Temporary disability and risk during pregnancy.

1. Where the worker is in a situation of temporary incapacity and, during that period, requests the benefit of the risk during pregnancy, the allowance shall not be granted, where appropriate, until the disability situation is extinguished. temporary by any of the legal or regulatory causes established.

2. Where the worker is at risk during pregnancy and during the pregnancy and during the pregnancy, the worker shall not be recognised until the end of the risk situation during pregnancy, if it meets at that time the requirements for accessing temporary incapacity.

3. When the worker is at risk during pregnancy and during pregnancy, her contract, for some of the reasons provided for in Article 208.1 of the General Law on Social Security, the risk benefit during the pregnancy, is terminated. (i) the term 'pregnancy' shall be extinguished, then subject to the legal status of unemployment and, if it meets the necessary conditions, the relevant benefit.

Article 38. Payment of the economic benefit.

1. The payment of the economic benefit at risk during the pregnancy shall be carried out by the managing body or the mutual occupational accident and occupational diseases of the social security with which the undertaking has agreed to cover the professional risks at the time of the suspension of the contract, irrespective of whether a change of the entity occurs during the said situation.

2. The payment of the subsidy shall be made by the managing or contributing entity for the past monthly periods.

Article 39. Procedure for the recognition of the right.

1. The procedure is initiated at the request of the interested party, by means of a report to be requested from the Public Health Service. This report shall demonstrate the status of pregnancy and the probable date of delivery.

2. The worker, with the aforementioned report, accompanied by a certificate from the company on the activity developed and the conditions of the job, will request the issue of the medical certification on the existence of risk during pregnancy, in accordance with the provisions of Article 26 of Law 31/1995 of 8 November before the relevant managing body or partner.

In the event that the managing or contributing entity considers that the risk situation does not occur during pregnancy, it shall refuse to issue the medical certification referred to in the preceding paragraph, communicating to the worker who cannot start the procedure for obtaining the corresponding benefit.

3. Once the risk has been certified, if the change of job has not been possible, the company will declare the affected worker to be in a situation of suspension of the contract for risk during pregnancy.

4. For the purpose of recognition of the allowance, the worker shall submit the application to the competent provincial management of the relevant managing body of the province in which she has her domicile, or to the mutual of accidents at work and occupational diseases of the social security which corresponds to it. Applications shall, where appropriate, be made in the models established for this purpose and shall contain the data and circumstances provided for in Article 70 of Law No 30/1992 of 26 November.

The application must be accompanied by the following documents:

(a) Medical certification on the existence of risk during pregnancy, in those cases where it does not exist in the hands of the managing or contributing entity.

b) Statement of the company on the non-existence of jobs compatible with the state of the worker or, where these exist, on the impossibility, technical or objective, of carrying out the corresponding transfer, or that can reasonably be required for justified reasons. Similarly, the date on which the worker has suspended the employment relationship should also be reflected.

The declaration shall be accompanied by a report on these individuals issued by the company's own prevention service, provided that it has the preventive specialty of health surveillance, or by the specialized agency. To develop for the company, on the basis of the corresponding concert, the functions of the foreign prevention service.

In the case of persons integrated into the Special Scheme of Social Security of the Household Employees, a statement by the family household shall be provided on the non-existence of a working position compatible with the worker status.

(c) A company certificate stating the amount of the employee's contribution basis for professional contingencies, corresponding to the month before the start of the suspension of the contract of employment and, where appropriate, the amounts of non-periodic perception paid to the worker during the year preceding the date of suspension of the contract.

For artists and professionals ' groups, certification shall include the extremes referred to in Article 34.6.

In the case of part-time workers, the amount of the contribution base corresponding to the three months preceding the suspension of the contract must be reflected.

In addition, the statement of the contribution for overtime in the year before the start of the work suspension should be expressly stated in the declaration.

5. In the light of the documentation submitted and once all the formal requirements, facts and conditions required for access to the subsidy have been verified, the managing body shall give express resolution, which shall be notified within 30 days, from the receipt of the application from the person concerned, for the purposes of recognition of the right to economic benefit by risk during pregnancy.

Where the right to the economic benefit at risk during pregnancy is not initially recognised, in the absence of the protected situation as defined in Article 31, the person concerned shall, where appropriate, be indicated on the date of which the benefit may be recognised, taking into account the medical certification of the existence of risk and the evolution in the state of pregnancy, in relation to the specific risk arising from the job. Accordingly, in such cases, a new application will not be required, but only the contribution of the documentation set out in paragraphs (b) and (c) of paragraph 4 of this Article.

6. Where there are contradictions in the declarations and certifications submitted with the application, or if there are indications of possible connivance in obtaining the benefit, the Labour and Social Security Inspectorate may be required to report to the (a) the purpose of which is to express its conformity or its discrepancy in relation to the measures taken by the undertaking, which may determine the right to the risk allowance during pregnancy. The request for a report shall be accompanied by the documentation submitted.

The report shall be issued within a maximum of 15 days, after which the corresponding resolution may be issued without regard to the report for the recognition or refusal of the economic benefit. Exceptionally, in such cases, the period of 30 days provided for in the preceding paragraph shall be suspended until the report is received by the managing body.

Section 2. Third Rules applicable to self-employed workers

Article 40. Protected status.

1. For the purposes of the economic benefit at risk during pregnancy, it is considered to be a protected situation where the pregnant worker is found during the period of interruption of the occupational activity, in the cases where the worker is pregnant. performance of the same has a negative influence on the health or the fetus, and is certified by the medical services of the managing body or the mutual accident of work and occupational diseases of the competent Social Security.

2. It is not considered to be a protected situation arising from risks or pathologies which may have a negative impact on the health of the worker or on the health of the foetus, where it is not related to the work, procedures or working conditions of the activity performed, determining their inclusion in the field of application of the special scheme of the relevant social security system.

Article 41. Beneficiaries.

1. The benefit of the risk allowance during pregnancy shall be self-employed workers who have interrupted their professional activity because of such a situation, provided that they are affiliated to and are in any of the security systems Social on the date that the interruption occurs.

On the same terms, workers integrated into the Special Scheme of Social Security of the Household Employees, when they do not provide their services for a household with exclusive character, will be beneficiaries of the subsidy. as a result, they are responsible for the obligation to list, in the event that they interrupt their risk activity during pregnancy.

2. Both for self-employed workers included in the various special schemes, as well as for female workers belonging to the Special Regime for Social Security of Household Employees and the Special Agricultural Safety Regime. Social security which is responsible for the obligation to pay contributions shall be a prerequisite for the recognition and payment of the benefit to the benefit of the persons concerned in the payment of the social security contributions.

Without prejudice to the foregoing, the mechanism of the invitation to payment provided for in Article 28.2 of Decree 2530/1970, of 20 August, shall apply, where appropriate.

Article 42. Economic performance.

The economic benefit at risk during pregnancy shall consist of a subsidy equal to 100 per 100 of the corresponding regulatory basis.

For these purposes, the regulatory basis shall be equivalent to that established for the temporary incapacity benefit arising from professional contingencies, taking as a reference the date on which the certificate is issued by the medical services of the relevant managing body or partner, or, where appropriate, equivalent to that established for the temporary incapacity benefit arising from common contingencies where the scheme concerned does not cover coverage of the professional contingencies and when the voluntary improvement was not the scope of the protective action, incorporating the protection of this situation or that of professional contingencies.

Article 43. Birth, duration and extinction of the right.

1. The right to the allowance is born on the day following that in which the medical certificate is issued by the medical services of the managing body or competent contributor, although the economic effects will, in any case, be produced from the date of the cessation of the cash in the corresponding professional activity.

2. The allowance shall be paid during the period necessary for the protection of the health or safety of the worker or the unborn child, while the inability to resume her professional activity remains impossible.

3. Entitlement to the allowance shall be extinguished by:

a) Starting the maternity rest period.

b) Resumption of the professional activity performed by the working woman.

c) Causing low in the special social security regime in which the worker was included.

d) Interruption of pregnancy.

e) Death of the beneficiary.

4. The worker shall be obliged to communicate to the managing body any circumstance involving the suspension or termination of the right to the allowance.

Article 44. Recognition, refusal, cancellation and suspension of the right.

1. The managing body or the mutual occupational accident and occupational diseases of the relevant Social Security, as determined in accordance with Article 46, shall be competent for the management of the benefit.

2. Entitlement to the allowance may be refused, cancelled or suspended, in accordance with the provisions of the temporary disability allowance in Article 132.1 of the General Law on Social Security:

(a) When the beneficiary has acted fraudulently to obtain or preserve the allowance.

(b) When carrying out any work or activity, either on its own account or on behalf of others, except as provided for in Article 48 of this royal decree.

Article 45. Temporary disability and risk during pregnancy.

1. Where the worker is in a situation of temporary incapacity and, during that period, requests the benefit of the risk during pregnancy, the allowance shall not be granted, where appropriate, until the disability situation is extinguished. temporary by any of the legal or regulatory causes established.

2. Where the worker is at risk during pregnancy and during the pregnancy and during the pregnancy, the worker shall not be recognised until the end of the risk situation during pregnancy, if it meets at that time the requirements for accessing temporary incapacity.

Article 46. Management and payment of economic performance.

1. The management and payment of the economic benefit at risk during the pregnancy shall be carried out by the managing body or the mutual of occupational accidents and occupational diseases of the Social Security, with which the worker is self-employed. the coverage of professional contingencies has been formalised, whether it is compulsory or voluntary coverage.

2. Where the worker has not formalised the coverage of occupational risks, but is covered by temporary disability protection arising from common contingencies, she shall be competent for the management of the risk benefit during the pregnancy the managing or contributing entity covering such a situation.

3. In the case of female workers included in the Special Social Security Regime of the self-employed or self-employed persons who did not have the cover of temporary incapacity protection arising from common contingencies, when such protection is optional, and of workers included in the Special Scheme of Social Security of the Household Employees, the management of the benefit shall be the responsibility of the managing body.

4. The payment of the benefit shall be the responsibility of the institution which is competent, in accordance with the rules laid down in the preceding paragraphs, at the date of the start of the economic effects of the benefit, irrespective of whether during the Risk during pregnancy a change in the entity that covers the professional or common contingencies, as the case may be.

5. The payment of the allowance will be made for monthly expired periods.

Article 47. Procedure for the recognition of the right.

1. The procedure is initiated at the request of the interested party, by means of a report to be requested from the Public Health Service. This report shall provide evidence of the pregnancy situation and the probable date of delivery.

2. Subsequently, the worker will request the issuance of the medical certification on the existence of risk during pregnancy, in the terms established in article 26 of Law 31/1995, of 8 November, before the managing or contributing entity which corresponds, contributing:

(a) The report of the physician of the Public Health Service referred to in paragraph 1 of this Article.

b) Statement of the worker on the activity developed, as well as on the non-existence of a job or function in such an activity compatible with its state which can be carried out by it, in its condition of self-employed or home-employed worker.

In the case of a self-employed worker who provides services in cooperative societies or industrial or commercial companies, such a declaration must be made by the administrator of the company. If it is an economically dependent self-employed worker, the said declaration must be made by her client.

3. In the event that the managing or contributing entity considers that the risk situation does not occur during pregnancy, it shall refuse the issue of the medical certification referred to in the previous paragraph, communicating to the worker that it does not The procedure for obtaining the corresponding benefit can be initiated.

4 Once the risk has been certified, for the recognition of the subsidy, the worker shall submit the application to the competent provincial management of the relevant managing body of the province in which the worker has her address, or to the mutual of occupational accidents and occupational diseases of the Social Security concerned. Applications shall, where appropriate, be made in the models established for this purpose and shall contain the data and circumstances provided for in Article 70 of Law No 30/1992 of 26 November.

The application must be accompanied by the following documents:

(a) Medical certification on the existence of risk during pregnancy, in cases where it does not exist in the hands of the managing or contributing entity.

(b) If these workers are included in the Special Regime of Social Security of the Self-employed or Self-employed, with the exception of those integrated into the Special System of Agricultural Workers for Account or economically dependent self-employed workers, shall, if the managing body considers it appropriate, submit a statement of the status of the activity.

(c) Accreditation of the quotation with the receipts of the fee payment, where they are necessary to determine the amount of the benefit or the requirement to be current in the payment of the fees.

5. In the light of the documentation submitted and once all the formal requirements, facts and conditions required for access to the subsidy have been verified, express resolution shall be given, which shall be notified within 30 days from the date of the receipt of the application from the interested party for the recognition of the right to economic benefit by risk during pregnancy.

Where the right to economic benefit is not initially recognised at risk during pregnancy, the person concerned shall be given the date from which the benefit may be recognised, taking into account certification (a) medical advice on the existence of risk and the evolution in the state of pregnancy, in relation to the specific risk arising from the activity performed. As a result, in such cases a new application will not be required, but only the contribution of the documentation set out in paragraphs (b) and (c) of paragraph 4 of this article.

6. Where there are contradictions in the declarations and certifications submitted with the application, or where there are indications of actions aimed at unduly obtaining the benefit, the provincial management of the managing body may request report to the Labour and Social Security Inspectorate, in order to indicate their conformity or their discrepancy in relation to the measures taken by the worker, who can determine the right to the risk allowance during pregnancy. The request for a report shall be accompanied by the documentation submitted.

The report shall be issued within a maximum of 15 days, after which the corresponding resolution may be issued without regard to the report for the recognition or refusal of the economic benefit. Exceptionally, in such cases, the period of 30 days provided for in the preceding paragraph shall be suspended until the report is received by the managing body.

Section 3. Standard Standards for employed and self-employed workers

Article 48. Multi-activity situations.

In cases where the worker simultaneously performs activities included in various systems of the Social Security system:

(a) Where the risk situation during pregnancy affects all the activities carried out, it shall be entitled to the allowance in each of the schemes if it meets the requirements laid down in an independent manner in each of the them.

(b) Where the risk situation during pregnancy affects one or more of the activities carried out by the worker, but not all of them, she shall be entitled to the allowance only in the scheme in which the workers are included. activities in which such a risk exists.

The perception of the subsidy will be compatible with the maintenance of those activities that the worker has already been doing before or could begin to perform and do not involve risk during pregnancy.

CHAPTER V

Risk allowance during natural lactation

Article 49. Protected status.

1. For the purposes of the economic benefit at risk during natural lactation, it is considered to be a protected situation where the employee is found to be employed during the period of suspension of the contract of employment in the cases in question. which, owing to the change in the position of another compatible with their situation, in the terms provided for in Article 26.4 of Law 31/1995 of 8 November 1995, such a change of position is not technically or objectively possible, or cannot reasonably be required for justified reasons.

Likewise, in the case of self-employed workers, the period of interruption of the professional activity during the period of natural lactation is considered to be protected, when the performance of the same could be have a negative impact on the health of the woman or on the child's health and thus be certified by the medical services of the managing or mutual entity of occupational accidents and occupational diseases of the corresponding Social Security.

When the circumstances referred to in Article 26 concerned an official integrated into the General Regime and included in the scope of the Basic Staff Regulations, it shall be deemed to be protected by risk permit during natural lactation, for the purpose of the economic benefit of Social Security, regulated in this chapter.

2. A protected situation shall not be considered as a result of risks or pathologies which may have a negative impact on the health of the worker or on the health of the child, where it is not related to the work, procedures or conditions of the post or performed activity.

Article 50. Economic performance.

1. The economic benefit at risk during natural lactation shall be granted to the working woman in accordance with the terms, conditions and procedure laid down in Chapter IV for the provision of risk during pregnancy. referred to the different nature of the risk all the forecasts contained therein.

2. The recognition of the economic benefit at risk during natural lactation is not appropriate, as long as the period of maternity leave has not been extinguished, in accordance with Article 9.4.

3. Entitlement to the allowance shall be extinguished by:

a) Meet the child for the age of nine months.

b) Reincorporation of the working woman to her or her previous job or professional activity or to others compatible with her status.

(c) Extinction of the employment contract by virtue of the legally established causes or cessation in the exercise of the professional activity.

d) Interruption of natural lactation.

e) The death of the beneficiary or the child.

4. The worker and the company shall be obliged to communicate to the managing body any circumstance involving the suspension or termination of the right to the allowance.

Article 51. Management and procedure.

1. The management and payment of the economic benefit at risk during natural lactation shall be carried out by the managing or contributing entity which is competent, in accordance with the rules laid down in Articles 36 and 46, at the time of the suspension of the contract or activity, irrespective of the fact that during the risk situation during natural lactation there is a change in the entity covering the professional or common contingencies, as the case may be.

2. The procedure for the recognition of entitlement to the allowance shall be carried out in accordance with Articles 39 and 47 where the situation of natural lactation is established, as well as the fact that the conditions of the Worker-developed work has a negative impact on their health or on the child's health.

3. The entities responsible for the economic provision at risk during natural lactation may establish periodic control instruments for appropriate efficiency in the management of the provision.

Additional disposition first. Suspension of the contract of employment and cessation of maternity and parenthood activity on a part-time basis.

1. In accordance with the provisions of the 10th paragraph of Article 48.4 and the fourth paragraph of Article 48a of the Law on the Staff Regulations, and in the sixth provision of the Law of 23 December of 23 December, the periods of suspension of the contract of maternity, adoption or reception, or paternity, to which those provisions relate, may be enjoyed on a full-time or part-time basis, in the terms covered by this royal decree and in accordance with the provisions of collective agreements, where appropriate.

2. In order to be able to enjoy part-time work, both maternity and paternity leave, the prior agreement between the employer and the worker concerned will be essential. In the case of paternity, the part-time working day shall not be less than 50 per 100 of the time taken for a full-time worker.

The agreement may be concluded at the beginning of the rest period or at a later time and may extend to or part of the rest period, without prejudice to the second subparagraph of paragraph 3. next.

3. The right to maternity leave, on a part-time basis, may be exercised by any of the parents, adopters or welcoming persons and in any event of simultaneous or successive enjoyment of the rest period.

However, in case of delivery, the mother may not make use of this mode of leave during the immediate six weeks after the birth, which shall be mandatory rest.

4. The part-time enjoyment of maternity and paternity leave will be in accordance with the following rules:

a) The period during which the permit is enjoyed will be extended proportionally based on the workday that is performed.

b) The enjoyment of the permission in this mode will be uninterrupted. Once agreed, only the arrangements agreed upon by the employer and the worker concerned may be modified, on the initiative of the employer and due to causes related to his or her health.

(c) During the period of enjoyment of maternity leave or part-time paternity leave, workers may not be able to perform overtime, except those necessary to prevent or repair claims and other damages extraordinary and urgent.

5. The time in which the worker provides services partially will have the consideration of effective working time, keeping the employment relationship suspended for the remaining time.

The rules laid down for the part-time contract in Article 12 of the Workers ' Statute Act and its implementing rules will not apply to this assumption.

6. If the worker is a beneficiary of the contributory level unemployment benefit and is compatible with part-time work, when he is a member of the maternity or paternity situation, whether or not he or she is entitled to a full working day Part-time, unemployment benefit shall be suspended in accordance with the terms laid down in Article 222.3 of the General Law on Social Security.

7. Maternity and part-time paternity leave shall be incompatible with the simultaneous enjoyment by the same workers of the rights provided for in Article 37 (4) and (4) (a) of the Staff Regulations of Workers and of the reduction of working time by legal guardian provided for in paragraph 5 of the same Article. It shall also be incompatible with the exercise of the right to leave for care of family members governed by Article 46.3 of that law.

8. Self-employed workers will also be able to enjoy maternity and paternity breaks on a part-time basis, for the purposes of which the perception of subsidies and the reduction of the activity can only be carried out in the 50 per cent percentage. 100.

For the recognition of this mode of perception of the subsidy and corresponding enjoyment of the maternity and paternity leave, the interested parties must inform the managing body, when requesting the corresponding provision, the scheme in which it is to be carried out in accordance with the provisions of paragraph 3. The rules referred to in points (a) and (b) of paragraph 4 shall also apply in respect of the duration and enjoyment of the breaks and the reasons for the modification of the declared enjoyment of the institution to the institution. manager.

Additional provision second. Medical certification on the existence of risk during pregnancy or risk during natural lactation.

1. In the provincial addresses of the National Social Security Institute, in which no medical services are available, the medical certification provided for in Articles 39, 47 and 51 of this royal decree shall be issued by the Inspection of Health Services of the Public Health Service or equivalent organ of the autonomous communities that have taken over the health transfers.

In the field of application of the Special Regime of the Social Security of the Workers of the Sea, in the provincial directions in which the Social Institute of the Navy does not have its own medical services, the aforementioned medical certification shall be issued by the medical services of the National Social Security Institute or, where appropriate, and in accordance with the provisions of the preceding paragraph, by the Inspection of the Health Services of the Public Service of Health or equivalent organ of the Autonomous Communities.

2. The issue of this certification, if the risk situation is recognised during pregnancy or at risk during natural lactation, shall be of preferential treatment and shall consist of an original and two copies. The original and a copy to the company or, where appropriate, the family home responsible shall be delivered to the worker, the other copy being held by the medical service.

3. The managing or contributing entity, responsible for the management and payment of the risk allowance during pregnancy or the risk allowance during natural lactation, may request the contribution of the initial risk assessment of the post of labour-occupied labour, as well as the ratio of risk-free jobs, as established, respectively, in Articles 16.2 and 26.2 of Law 31/1995 of 8 November.

Additional provision third. Guides for the determination of risks arising from the job.

In order to assess the existence of risks homogeneously during pregnancy and during natural lactation, the Ministry of Labour and Immigration will develop the corresponding guidelines defining the risks that may be derived from the workplace, and where a non-exhaustive list of agents, procedures or working conditions which may have a negative impact on the health of workers or the unborn child, in the case of pregnancy, and in that of the mother or the child, in cases of natural breastfeeding.

Additional provision fourth. Situation treated as high in excess of family care.

1. It shall be considered to be regarded as a situation of discharge for the purposes of the benefits of social security, except in the case of temporary incapacity, maternity and paternity, the period of time which the worker remains in leave of absence for child care, child care or other family members, exceeding the period considered to be effective in accordance with Article 180 of the General Law on Social Security.

For persons integrated into the General Social Security Regime and included in the scope of the Basic Staff Regulations, they are considered to be periods of situation treated as high and of a contribution effective for retirement benefits, permanent incapacity, death and survival, maternity and paternity leave, those on leave for child care, child care or other family members, lasting not more than three years, who enjoy

article 8 (4) of the Staff Regulations referred to in Article 9 (4).

2. As regards unemployment benefits, the provisions of Article 4 of Law No 4/1995 of 23 March 1995 on the regulation of parental leave and maternity leave shall apply in respect of the situations indicated.

Additional provision fifth. Computer transmission of maternity reports.

The Public Health Services may use a computer procedure to transmit to the managing body the maternity reports and the parts of the medical discharge provided for in Articles 13 and 20 of this royal decree, in the The same period shall apply. In such a case, the reports submitted by telematics shall not be provided on paper.

The transmission, transfer, processing and exploitation of the data received through this computer procedure will be subject to the provisions of the Organic Law 15/1999, of 13 December, of Protection of Data of Character Staff.

Additional provision sixth. Computer communication with the Civil Records.

Civil Registers may refer to the management entities of the Social Security, by means of a computer procedure, information on the births, adoptions and the deaths that are registered. The transmission, transfer, processing and exploitation of the data received through this computer procedure shall be subject to the provisions of the Organic Law 15/1999 of 13 December.

Additional provision seventh. Cooperation between managing and collaborating entities.

In the field of cooperation and coordination between the National Institute of Social Security, the Social Institute of the Navy and the mutual associations of occupational accidents and occupational diseases, for the purpose of recognition and control of benefits arising from incapacity for work and those covered by this royal decree, mutual recognition, medical tests and reports which the aforementioned entities may be able to carry out request.

The agreements and agreements entered into by the institutions shall determine, in accordance with the terms previously laid down by the Ministry of Labour and Immigration, the economic consideration to be met by the Institute. National of Social Security or the Social Institute of the Navy to the mutual for the realization of the cited medical examinations, complementary tests and reports, as well as the form and conditions in which these consideration will be satisfied.

Agreements and agreements to be concluded must be submitted in advance to the approval of the Ministry of Labour and Immigration.

Additional disposition octave. Increase in contribution in terms of reduction of working hours.

In cases of reduction of working hours for child care, minor or family members, the calculation of the increased contributions up to 100 per 100 of the amount that would have been paid if it had been maintained without that reduction of the working day, in accordance with the provisions of article 180.3 and 4 of the General Law of Social Security, will also apply to the official and statutory staff included in the General Social Security Regime.

Additional provision ninth. National Institute for Health Management.

The references to the public health services contained in this royal decree are to be understood by the National Institute of Health Management in the area of the cities of Ceuta and Melilla.

First transient disposition. Subsidies in place.

The provisions contained in this royal decree, as soon as they are more favourable, will apply to all maternity, paternity, risk during pregnancy and risk during natural lactation when, in the the date of entry into force of that date, the procedure for recognition was perceived or initiated.

Second transient disposition. Periods considered to be effective.

For the purpose of the recognition of the benefits that, in each case, correspond, caused from 24 March 2007, date of entry into force of the Organic Law 3/2007, of March 22, for the effective equality of women and (a) men shall be taken into account as quoted in the periods of maternity or paternity, as referred to in Article 124.6 of the General Law on Social Security, initiated as from that date or enjoyed from that date on previously started periods.

Also, the extension of the period considered to be listed, carried out by the modification of article 180.1 of the General Law of Social Security, and the consideration as quoted at 100 per 100 of the periods to which Article 180.3 of the same law shall apply, respectively, to periods of leave of absence and reductions in working time which have been initiated as from the entry into force of the said Law or from the date of entry into force of that law. the time when it is time for periods of leave or shorter working hours which have been initiated before continue to be enjoyed on that date.

The consideration as quoted at 100 per 100 of the periods referred to in Article 180.4 of the General Law of Social Security shall apply to periods of leave of absence initiated as of the date of entry into force of the The Organic Law 3/2007, of 22 March, or from this moment on if they are previously started surplus.

Single repeal provision. Regulatory repeal.

As many provisions of the same or lower rank are repealed, they are contrary to the provisions of this royal decree and, expressly, Royal Decree 1251/2001 of 16 November, governing the economic performance of the Social security system for maternity and risk during pregnancy.

Final disposition first. Amendment of the General Regulation on the registration of companies, and affiliation, ups, downs and variations of data of workers in Social Security, approved by Royal Decree 84/1996, of January 26.

The first subparagraph of Article 29 (2) of the General Regulation on the registration of undertakings, and membership, high, low and variations of data of workers in social security, approved by Royal Decree 84/1996, January 26, is worded as follows:

" 2. By way of derogation from paragraph 1, employed persons and persons treated as persons in the field of application of the systems of the social security system shall be considered, in full, to be in a situation where they are discharged for the purposes of of accidents at work, occupational diseases, unemployment, risk during pregnancy and risk during natural lactation, even if your employer has failed to fulfil his obligations. The same rule applies to the exclusive effects of health care by common sickness, maternity and non-occupational accidents. "

Final disposition second. Amendment of the General Regulation on the Listing and Settlement of Other Rights of Social Security, adopted by Royal Decree 2064/1995 of 22 December 1995.

The General Regulation on the Listing and Settlement of Other Social Security Rights, approved by Royal Decree 2064/1995 of 22 December 1995, is amended as follows:

One. Article 13 (2) is worded as follows:

" 2. The obligation to list will continue in situations of temporary incapacity, whatever their cause, maternity, paternity, risk during pregnancy and risk during natural lactation, as well as in the situations of performing duties of a public nature, the performance of union representation positions, provided that each and others do not give rise to the excess in the work or the cessation of the activity, special agreement, contributory and assistance unemployment, if any, and in those other which is established by this Regulation, by the Order of 27 October 1992, for which it is give instructions on the contribution to the general scheme of social security for civil servants, including in the field of application of that scheme, during the period of leave or leave without pay, suspension provisional duties, compliance with the military service or the replacement social service and period for change of destination, and other supplementary provisions, with the scope provided for therein. '

Two. Article 46 (3) is worded as follows:

" 3. In addition, the household employee shall be the sole subject of the obligation to list in situations of temporary incapacity, maternity and paternity, including the month of termination of such situations but excluding the month in which they are initiated, in which shall be subject to the obligation to list the head of household and the household employee in accordance with the terms set out in paragraph 1. '

Three. Article 58 (2) is worded as follows:

" 2. In situations of temporary incapacity, maternity, paternity, risk during pregnancy and risk during natural lactation, as well as in situations treated as high, in which the obligation to list in this scheme is subsisting In particular, the standard basis for listing for common contingencies shall be that which corresponds, at any time, to the professional category or craft which the worker has on the date on which these situations are initiated or where the the situation treated as high, except that for the specific situation in question it is fixed or (a) establish a different trading basis in accordance with the provisions of Section 10 of this Chapter and in the provisions that develop and complement it.

In such situations, the contribution basis for professional contingencies shall be determined in accordance with the rules laid down in the General Regime for the situation in question. "

Four. Article 65 (4) is worded as follows:

" 4. During situations of temporary incapacity, maternity, paternity, risk during pregnancy and risk during natural lactation, the daily basis of contribution will be the result of dividing the sums of the bases of quotation credited into the during the three months immediately preceding the date of the causative event between the number of days actually worked and, therefore, listed in that period. This basis shall apply only to the days in which the worker was obliged to provide effective services within the undertaking, not to be in any of the situations referred to above. '

Five. Article 68 is worded as follows:

" Article 68. Contributions during situations of temporary disability, maternity, paternity, risk during pregnancy and risk during natural lactation.

1. The obligation to list will continue in the situation of temporary incapacity, whatever its cause; during periods of rest for maternity, adoption and acceptance; in the situation of paternity by birth of child, adoption and In the case of risk during pregnancy and risk during pregnancy, although they constitute grounds for the suspension of an employment relationship, they are welcome.

2. The Ministry of Labour and Immigration will dictate the applicable rules for determining the basis of contributions for common and professional contingencies during the situations referred to in this article.

3. Except in cases where otherwise provided for in law, the contribution basis for the common contingencies during such situations shall not be lower than the minimum basis in force at any time in the scheme in question.

4. Where workers who are employed or assimilated are compatible with the perception of maternity and paternity benefits with the enjoyment of periods of rest on a part-time basis, the contribution base shall be determined by the following: by the following two commands:

(a) The basis of the subsidy, reduced in inverse proportion to the reduction experienced by the working day.

(b) Remuneration subject to quotation, in proportion to the day actually performed.

For the purposes of listing for occupational accidents and occupational diseases, the rates of contribution corresponding to each of the above mentioned controls shall apply.

5. For the purposes of contributions to accidents at work and occupational diseases during the situations referred to in this Article, the required persons shall apply the type of contribution provided for in the premium rate in force, whichever it is the professional category and the activity of the worker.

6. During maternity, paternity, risk during pregnancy and risk during natural lactation, the managing body or competent partner, at the time of making cash the allowance to be paid to the workers by the amount to which the sum of the worker's contributions relating to the contributions to the Social Security, unemployment and vocational training, for his/her income at the General Treasury of the European Union, shall be deducted from his amount. Social Security.

In the cases referred to in the preceding paragraph, the employer shall be obliged to enter only the contributions to his office corresponding to the contribution to the Social Security and the other collection concepts which, if applicable, proceed. "

Final disposition third. Amendment of the Regulation on the collaboration of mutual occupational accidents and occupational diseases in the field of social security.

In the Regulation on the collaboration of mutual occupational accidents and occupational diseases of Social Security, approved by Royal Decree 1993/1995 of 7 December, a new additional provision is introduced. Eleventh with the following wording:

" Additional Disposition 11th. Collaboration in the management of risk subsidies during pregnancy and at risk during natural lactation.

The content of collaboration in the management of risk subsidies during pregnancy and by risk during natural lactation, attributed to the mutual work accidents and occupational diseases of Social Security, include the declaration of entitlement to the subsidy, and its refusal, suspension, cancellation and declaration of extinction and, in general, all actions aimed at verifying the facts, conditions and requirements necessary for access to the right and its maintenance.

Acts declaring the right to an economic benefit or refusing, suspending, restricting, cancelling or extinguishing the right shall be motivated and shall be formalised in writing, subject to the effectiveness of the to their notification to the beneficiaries. "

Final disposition fourth. Enabling competency title.

This royal decree is dictated by the provisions of article 149.1.17. of the Constitution, which attributes to the State exclusive competence in matters of the economic regime of social security. The first and third additional provisions, which are issued under the provisions of Article 149.1.7. of the Constitution, which gives the State exclusive competence in matters of labour law, are exempted from the foregoing.

Final disposition fifth. Enablement for regulatory development.

Ministers of Labor and Immigration and Health and Consumer Affairs are empowered to dictate how many provisions of a general nature are necessary for the implementation and development of this royal decree.

Final disposition sixth. Entry into force.

This royal decree shall enter into force on the first day of the month following that of its publication in the "Official Gazette of the State".

Given in Madrid, on March 6, 2009.

JOHN CARLOS R.

The Minister of Labor and Immigration,

CELESTINO CORBACHO CHAVES