Electronic

How do i touches ERTE still leave for temporary disability, maternity or paternity leave, and if it is a subsequent to the beginning of the ERTE?

If you are in situation of temporary incapacity (IT) or of maternity or paternity leave, may not be affected by the action of contract suspension or reduction of the day arising from a record of employment regulation until the end of the situation of temporary disability, maternity or paternity leave.

If the situation of temporary incapacity begins during the period in the affected or affected by the measure of suspension of the contract or reduced working hours, or receiving benefits habiéndolas requested, shall not make any representations to the SEPE under the same, as it will be the national Social security institute (INSS) who communicate.

If the situation of maternity or paternity leave starts while affected or affected by a measure of suspension of the contract or reduced working hours shall refer the matter and submit the SEPE document indicating the finalization of that period.

Example: person in IT the working 1 / 3 / 2022 suffers from suspension of contracts between the 1 / 4 / 2022 and 31 / 5 / 2024 , consecuencia de un procedimiento de regulación temporal de empleo. Recibe el alta médica el 10/05/2022 at that time, it would the measure of suspension, indicating that the completion of the IT with the presentation of the part of a medical examination.

If the sick leave occurs during the validity of the regulation of employment, and, therefore, while receiving unemployment benefit:

  • The issue of whether IT is paid by INSS: the public employment service Estatal (SEPE), by delegation from the National Social security institute (INSS), paid indemnity for temporary disability, which shall be equal to unemployment benefit, corresponding to the consumption of benefit days.
  • The situation of maternity or paternity leave: it shall suspend the payment of unemployment benefit and, once you requested by the parental benefit, which directly manages the INSS, will start cobrarla. Following the completion of maternity or paternity leave will resume the unemployment benefit, upon his request, during the time and were due by the appropriate level at the time of suspension.
  • The issue of whether IT is a Mutualthe SEPE suspended, the payment of benefit from the first day of the low, maintaining the price for that period of time. It Will Be mutual which credited to the person's worker.

More information on unemployment benefits by RIT or ERTE: “I have been affected or a ERTE RIT”.