Maternity leave

Information and questions about the Law in Spain and Andalucia.
claire82
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Location: Fuengirola

Maternity leave

Postby claire82 » Sat Sep 19, 2009 8:33 am

Hello

Any advice would be really appreciated. I am a resident of Spain, I have worked here for the past 4.5 years always on full contract SS payments etc.

I have been working for my current employer for 18 months again on full contract.

I am pregnant, my baby is due on 10th December, my employer has no problems however I work in an all male sales company so Maternity leave is a grey area. We have been told that maternity leave only starts from the day I give birth, I then have 10 days to register the birth, go to the SS office and pick up a maternity payment form from them? They then instruct my company to make my tax payments but the SS pay me?

Is this correct? Does anyone know what forms I need to collect, do I recive my full pay? Are the payments made monthly? I am panicking so much as am doing this alone so depend on my monthly income to pay rent etc.

I will be returning to work after the maternity leave 4 months, as work are not terminating my contract.

Thanks
Claire

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DavidSearl
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Location: Mijas

Re: Maternity leave

Postby DavidSearl » Wed Sep 23, 2009 4:35 pm

FROM DAVID SEARL

RE MATERNITY LEAVE

CLAIRE, Maternity leave is not a "grey area". All the rules are clearly spelled out. Basically, you have it right but what you need to do is to go the Fuengirola Social Security Administrative office, just up the road from the Fuengirola Zoo, and sit down with an adviser there, who will give you printed material and explain exactly what steps you need to take and exactly what you will get. This personal contact with Social Security is extremely important. They will recognise you the second time you come in and you will feel far more comfortable about the entire process.

Best of Luck, David Searl
You and the Law in Spain

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DavidSearl
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Re: Maternity leave

Postby DavidSearl » Wed Sep 23, 2009 5:26 pm

FROM DAVID SEARL
FOR CLAIRE82 RE MATERNITY

To expand,
1. You have the right to 16 weeks of paid maternity leave.
2. The amount will be 100 per cent of your "base reguladora". This is the basis for your company's Social Security payments on your behalf. It is less than your salary. It appears on your pay slip.
3. Yes, it is paid by the Social Security Administration.
4. You can choose to start your maternity leave before your baby is born.
5. Remember you are dealing with a giant organisation here and steps must be followed.
6. You should have a "medico de cabecera" assigned to you by Social Security. Visit this doctor, who is your family doctor and your first direct connection with Social Security. This doctor or the gynecologist must examine you and issue the "Informe de Maternidad". You also want to fill in the "Solicitud de Maternidad". You take this official report back to the company, which fills in its own section, and you return this to Social Security.
7. If you prefer to use your own private doctor, this is okay, but he must issue a report to the official Social Security doctor, who is the only one who can issue the "Informe de Maternidad"
8. With any luck, you will be eligible for the grant of two thousand euros for a child born in Spain.

Best Wishes, David Searl
You and the Law in Spain

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karandjon
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Re: Maternity leave

Postby karandjon » Fri Sep 25, 2009 7:24 pm

DavidSearl wrote: With any luck, you will be eligible for the grant of two thousand euros for a child born in Spain.
David - Shouldn't this be 2500euros? I applied in June, but have yet heard nothing. Do you know how long I should wait before chasing it? I filled in the Modelo 141 and took in with the relevant documentation. I understand anyone who has a baby born in Spain is eligible for this payment, as long as they have been resident over 2 years.

Also, for the lady above, if she is employed, instead of filling in the modelo 141, she can fill in the modelo 140 and get an additional 100 euros a month for a certain period.

Karen
vino, sol y aire, y seras rico como nadie

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DavidSearl
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Re: Maternity leave

Postby DavidSearl » Mon Sep 28, 2009 5:27 pm

FROM DAVID SEARL


KAREN, You are quite right, it's 2500 not 2000, and, yes, she should be eligible for the 100 euros a month as well. This is why she should visit her nearest Social Security administrative office and have a nice chat with the people.

Thanks very much for your post.

David Searl
You and the Law in Spain

claire82
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Posts: 17
Joined: Mon Jul 04, 2005 9:16 am
Location: Fuengirola

Re: Maternity leave

Postby claire82 » Wed Sep 30, 2009 9:02 am

Hiya

I would just like to say a big thanks for the information.

Claire x


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