Birth Leave Benefit

What is the birth and childcare benefit?

This is the economic benefit recognised by INSS to workers (both employed and self-employed) upon the birth, adoption, pre-adoption guardianship, or fostering of a child. Since the 2021 reform (RDL 2/2019, in force from 1-1-2021), both parents are entitled to 16 weeks on equal terms. The terms "maternity leave" (16 weeks exclusive to the mother) and "paternity leave" (historically shorter) have been unified under "birth leave" for both.

Amount and duration (Arts. 177-178 LGSS)

BR = regulatory base = average of common-contingency contribution bases for the last 12 months before the qualifying event (Art. 178 LGSS).

Leave distribution: the mandatory 6 weeks

Of the 16 weeks, the 6 immediately following birth are mandatory and uninterrupted for each parent. The remaining 10 weeks can be taken up to the child reaching 12 months, either uninterruptedly or in weekly periods not simultaneous with those of the other parent (unless agreed and service-convenient). For the biological mother, the 6 weeks must be taken immediately after delivery.

Minimum contribution requirements (Art. 178 LGSS)

• Under 21 years: no qualifying period.
• Between 21 and 26 years: 90 days in the last 7 years before birth, or 180 days throughout working life.
• 26 years or more: 180 days in the last 7 years before birth, or 360 days throughout working life.
• Self-employed: same requirements, but only accessible if contributing for common contingencies (voluntary in RETA until 2023, mandatory for new registrations since Law 14/2022).