My company makes an ERTE and I am ongoing maternity or fatherhood: What benefit will I receive?
There are many doubts that have arisen around the workers who have been affected by an ERTE as a result of the measures approved by the Government after the statement of the state of emergency in the country due to the health crisis by the Coronavirus.
An ERTE, that is, an employment regulatory file consists of the suspension of the employment contract during a certain period of time or the reduction of work hours due to a justified cause.In this case, companies have advocated a cause of force majeure to make the ERTE.
What happens in case of lowering maternity or fatherhood?
In a normal situation, when a company makes an ERTE, employees can opt for unemployment benefit in case they meet the previous contribution requirements.However, before the health crisis, the government took a series of economic and social measures to help these workers, so that all those who have been affected by an ERTE can collect unemployment without having to have quoted what is necessary.
In the event that a worker is in a situation of maternity or paternity at the time an ERTE is applied, the SEPE establishes the measures will not affect him until the end of the low of maternity or paternity ends.
Thus, during the period that lasts for maternity leave or part, it will charge the provision that is granted in these situations, as if any ERT had not happened in the company, since when the benefit for maternity or paternity is charged, the collection is suspended from the stoppage.
From the moment in which that period ends, the same measures of the ERTE will be applied to the worker that would have been applied in case of not being discharged, so that his workday or suspended his contract would be reduced temporarily and could optto collect unemployment benefit.
