Overlapping maternity leave
Overlapping maternity leave
Question:
Hello!
I am currently on maternity leave with my first child. I recently found out that I am pregnant again. I am interested in how to transition from one maternity leave to another, will I be entitled to sick leave before and after childbirth and how much will I receive for both children? What documents do I need to present to the National Social Security Institute and my employer?
According to the law, does the employer have the right to refuse me the second maternity leave or to dismiss me in any way?
Thanks in advance!
Answer:
Hello,
The procedure for obtaining maternity leave for the second child is exactly the same as for the first - you submit the sick leave to your employer. You must also sign a leave application and a declaration form - your employer will provide you with the necessary forms. Since you are not entitled to receive compensation from the National Social Security Institute on more than one basis, after the National Social Security Institute calculates the amount of your maternity leave for the second child, for the period during which the two benefits overlap, the National Social Security Institute will pay you the higher benefit. After the period of the first benefit has ended, until the end of the second maternity leave you will receive the benefit due for the second maternity leave.
While you are on maternity leave and until the child turns 3, your employer does not have the right to dismiss you at his own will, unless he has permission from the Labor Inspectorate. He can only obtain such permission if he can prove that you have in some way seriously violated the internal labor rules and/or have damaged the company's reputation in some way - both of which are quite difficult to prove.
If your two maternity leaves overlap, your employer cannot actually dismiss you from work at his/her own will until the second child is 3 years old. If your employer somehow refuses to issue your sick leave or creates other obstacles for you, you can contact the Labor Inspectorate.
We hope we have been helpful to you!
Best regards!
