Social Security Benefits: Temporary Disability and Maternity

Temporary Disability Benefits and Regulations

Temporary Disability is the situation in which a worker, due to an illness or accident, is unable to perform their duties. They have the right to receive an economic subsidy designed to compensate for the loss of salary.

Causes and Observation Periods

The causes which may result in this status include common illness or accidents (whether work-related or not) and observation periods for occupational diseases.

Conditions for Eligibility

To qualify for this benefit, a worker must meet the following conditions:

• Be affiliated and registered with the Social Security (SS) system.
• Have covered the minimum contribution period: In the case of a common illness, 180 days within the 5 years immediately preceding the leave. In the case of an accident (whether work-related or not) or an occupational disease, no prior contribution period is required.

Benefit Amounts

The amount of the benefit varies based on the type of disability and is calculated as a percentage of the regulatory base:

• Common illness and non-work accidents: 60% from day 4 to day 20 inclusive, and 75% from day 21 onwards.
• Work-related accidents and occupational diseases: 75% starting from the day following the leave.

Duration of Provision

• In case of accident or illness: 12 months, with a possible extension of 6 more months when it is understood that the worker may be cleared for work during their healing process.
• In case of occupational disease: 6 months, extendable for another 6 months when deemed necessary for diagnosis or treatment.

Payment of the Provision

Payment is managed by the relevant management entity, a Mutual for work-related accidents, or occupational diseases. At times, firms themselves may assume payment through enterprise collaboration with managing bodies, later recovering the amount from the Mutual or the management entity.

Maternity Leave and Allowances

The maternity allowance is equal to 100% of the Regulatory Base (BR). People have the right to this benefit after contributing for a minimum period of 180 days in the last 5 years. This applies to delivery, fostering, or the adoption of a child under 6 years old (or a child with a disability regardless of age).

Both parents can access this provision whenever both workers are affiliated and registered with the Social Security system. Rest periods can be enjoyed under a part-time work regime with specific regulations. In the case of delivery, if the mother is not eligible, the father can opt to receive the allowance, though the full 6 weeks of mandatory leave will be discounted.