Maternity and paternity benefit during unemployment: can it be collected?

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Maternity and paternity benefits were unified in 2019 into a single benefit called birth and child care. From 2021, the leave for both parents is the same, 16 weeks, provided that they are registered or assimilated to registration and prove the minimum required contribution periods. However, it is not mandatory to be working to receive the benefit, but it is also possible to collect it during unemployment.

As explained by Social Security, people who are receiving the contributory unemployment benefit and meet all the requirements are entitled to receive the childbirth and care benefit. You just have to request the suspension of the unemployment benefit from the State Public Employment Service (SEPE) and request the birth benefit from the National Social Security Institute (INSS).

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As explained by the SEPE, while maternity or paternity lasts, days of the unemployment benefit are not consumed. When the birth benefit ends, the citizen can resume the suspended unemployment benefit and receive the same amount for the time remaining before the suspension.

The suspension of the unemployment benefit can be requested through the Electronic Office of the SEPE or at its benefits office by appointment. Together with the cancellation communication, the following must be presented:

- In the case of maternity, the Family Book, document proving the adoption or fostering, maternity report or any document that proves this situation.

- In the case of paternity, the Family Book or document proving the adoption or foster care.

After requesting the suspension, the citizen will receive a copy of the request for withdrawal submitted, which includes the date and reason for the withdrawal. With this document, you must go to the INSS office to request the benefit for the birth and care of the minor.

Once the period of maternity or paternity has ended, and prior to the reactivation of the demand for employment, the citizen has 15 days to request the resumption of the unemployment benefit from their benefits office. If it is requested outside this period, it will be resumed from the date of application, which implies the loss of as many days of benefit as median between the date on which the childbirth and care provision has ended and the date of presentation of the application.

If instead of receiving the contributory unemployment benefit, the citizen is receiving the unemployment subsidy, he will continue to receive the subsidy for the same amount and duration during maternity or paternity. In this case, he must deliver the Social Security medical report to the employment office so that the Public Employment Service of the autonomous community suspends the job application. In this way, it does not have to be renewed, nor will the citizen be summoned to training courses or job offers. If, when the subsidy is exhausted, he continues in a maternity or paternity situation, he will not be entitled to a benefit for these situations by the INSS.