Being absent from our job to dedicate ourselves full time to being with our newborn is a right. Both the 16 weeks maternity leave as the paternal of 13 plus 2 days for the birth of a child in Spain they are paid and it is necessary to present the duly completed documentation to start collecting it. We tell you how to do it whether you work for someone else, are unemployed or are self-employed:
If the mother works, she can apply for the 16-week maternity benefit at the INSS office; and the father, paternity leave of 13 days, in addition to the 2 days for the birth of a child.
Who can carry out the procedure to collect maternity or paternal leave?
- Anyone can collect and deliver the documentation.
- If the mother does not work and is aimed at unemploymentWhether you receive a subsidy or benefit or not, you must go to your Public Employment Office (INEM) to report your maternity leave.
The employed workers must submit to the General Treasury of Social Security:
- The form in force correspondent.
- Provide ID, documentation related to the contribution, maternity report issued by the Public Health Service and the Family Book or certification from the Civil Registry.
- Newborn registration. If you prefer to request it before delivery or adoption, you will have to later provide the registration of the newborn or adopted child. It is advisable to first collect the forms, find out the necessary documentation (originals and photocopies to verify), the deadline for submission and return to the office afterwards with everything ready.
- Listing certificate issued by the worker's company. It can be ordered and received by certified mail.
- The last three payrolls.
- Deliver to the INSS office, the maternity benefit form (model M1), filling in the bank account number.
- Provide the original of the Family Book, original and copy of the mother's DNI, the company's contribution certificate, the last 3 payrolls, and the maternity leave certificate of the Social Security.
- In this step, we have to decide in writing the percentage that we want the Treasury to withhold from us for the maternity benefit. To avoid scares at the time of the declaration, it is advisable to put the same as on the payroll. We also have to attach a "communication of data to the payer", so that the Treasury knows that it has to withhold that amount of the benefit from us.
What if we are autonomous?
- Instead of the company's listing certificate, you must make a signed and sworn statement containing your data, tax address and activity in which you do business.
- Submit copies of Social Security receipts instead of the last 3 payrolls.
- Attach the form to indicate if you have hired someone to continue with your activity during your leave.
- Attach the self-employed registration forms.
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