How to request maternity leave, conditions and benefits

Finally that moment that you have waited for so long has arrived, the maternity. There is a beautiful baby growing in your belly and the excitement of having him with you is incomparable, you have already thought and crossed out countless names trying to find the perfect one, you have bought his clothes, toys and most necessary items, all you need is time enough to be with your newborn, but you find yourself working.

The good news is that there is a possibility that will allow you to be with your beautiful baby in the first weeks of life, so that you can give him all the love and care he needs, despite seeing you in the need to continue working, this benefit is known like maternity leave, and it is a privilege that is available in all jobs. Next, we will tell you everything you need to know about it.

What is maternity leave

It is distinguished and at the same time a parenthesis is made between the terms of conceiving and seeing being born since this service not only benefits pregnant women, it can also benefit women who opted for the adoption or guardianship of children.

Because of this, the drop by maternity is known as a benefit of a public nature, which is intended to cover all the time in which the professional finds it necessary to pause her work activity for the birth of their children, whatever their maternal process may be.

It should be noted that the coverage that covers the loss for maternity It is not only because of the leisurely working time, but also, it offers support and compensation for all the income that the worker may lose during the time she is off.

In simpler words, the lowering by maternity is a right that is offered to all working women, and it functions as a kind of protection insurance and labor guarantee economic, with which the woman can dedicate herself to caring for her children without worrying about losing her job and income.

General characteristics of maternity leave

It is considered of the utmost importance that all working women know the main characteristics and requirements that revolve around the loss by maternity, and it is for this reason that we will continue to explain in more detail the most relevant aspects of this benefit, whether you are pregnant or are considering being pregnant in the future.

Though The Court of Justice of the EU declares the maternity supplement discriminatory because it is not granted to men as well.

The duration of the leave for maternity has an estimate of 16 weeks, the First 6 weeks are compliance required for the mother, on the other hand, the father, can request the discharge in the following 10 weeks. This would be the general duration, however, it can be extended for specific cases such as:

Low by maternity It may be extended for two more weeks for each son or daughter, one week for each of the parents.

  • Premature delivery (and if the newborn must be hospitalized):

The period provided for withdrawal by maternity It may be calculated from the date the baby is discharged from the hospital, also counting the days the newborn was hospitalized with a maximum of 13 additional weeks.

  • Regrettable passing of the baby:

The rest period will continue as generally stipulated, except for those cases in which reinstatement is requested after the first six mandatory weeks have elapsed.

In this type of case, the withdrawal from the employment contract may be extended for 2 more weeks, one for each of the parents.

The duration of the leave for maternity for these situations, it is still 16 weeks if the child is less than 6 years old.

The commission obtained for paternity leave must be established according to the worker’s payroll. In most cases 100% of the regulatory base of your salary can be charged. It is important to note that the entity responsible for making said payment is Social Security, but not the company where the applicant works.

Usually, Social Security makes paternity leave payments on last business day of the month in progress, that is, if for example March 31 falls on Thursday, that will be the day on which the administration will make the deposit; but, if, on the contrary, that same day falls on a weekend or a holiday, the payment would be made on the last Friday or the day before the holiday.

The listing period

  • Under 21 years: no minimum contribution period is required.
  • 21 years and under 26: 90 days of contributions are required in the 7 years prior to the start of the break or, in any case, 180 days during their work period.
  • Over 26 years: 180 days of contributions are required in the 7 years prior to the start of the break, or 360 days of contributions through their work period.

How to apply for maternity leave

Now yes, since you have a more exact idea of ​​what the low per maternity and its characteristics, it is time to tell you what are the requirements to follow to request this benefit:

First of all, just after having registered the birth of your baby, in the hospital or in the Civil Registry, the next thing you should do is Go to your GP and ask for the maternity leave document.

Once this is done, it is necessary that you notify the company where you work the day that the doctor has certified the start of the leave so that it begins to do the necessary paperwork and documentation.

Then, you must go to your workplace to collect the document and take the leave by maternity to your GP to proceed to sign it.


  • Photocopy of your identification document.
  • The document that has been given to you by the doctor.
  • Your last three payrolls.
  • Family Book or baby’s birth certificate.
  • Last tax declaration.
  • Account number where you want payments to be made.
  • In case of adoption, document with the judicial resolution that recognizes and abolishes the adoption or guardianship

When you have all this ready, you must fill the document printed for the provision of maternity and deliver it to one of the Social Security offices.

After some time has elapsed, you will receive a letter from this body in which the exact time of your withdrawal will be indicated, this document you must refer it to the human resources department of the company where you work. The resolution period has a maximum of 30 days from the presentation of the request.

It is important to clarify that this feature You can not only request it after deliveryIf, in fact, after delivery you did not request it, you have the right to do so up to five years after the birth of your child. There have even been cases in which it has been granted to a pensioner.

We hope this information has been helpful and we invite you to continue investigating if you are interested in requesting sick leave for maternity.

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