Pregnancy risk benefit in Spain

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Enter the due date, the day the contract is suspended and your occupational-risk base: you see what you receive until the birth.

Occupational-risk base on your payslip

More details

Pregnancy risk benefit

€6,540

109 days at 100% of the regulatory base, from 1 December 2026 to the day before the due date (LGSS art. 187).

Per day€60
Per month (30 days)€1,800
Week 39 starts6 March 2027
Without a risk case: week 39 leave€528

The pregnancy risk benefit is paid by the mutua or INSS covering your employer’s occupational risks, when moving you to another post is not possible. If you already receive it, you keep it in week 39 (art. 173.2).

How this is calculated

Prepared by Radif Partners · Method · Rules and agreements read in the BOE on 29 October 2026

If your job poses a risk to your pregnancy and the employer cannot move you to a compatible post, the contract is suspended and you receive the pregnancy risk benefit. It is not sick leave for an illness: it is a separate benefit that the law treats as an occupational risk. It pays 100% of the occupational regulatory base from the first day of the suspension, with no waiting days and no contribution days required, and is paid by the mutua or the INSS your employer uses for occupational risks. It ends the day before the birth, when birth leave begins, or when you return to a compatible post. With a base of 1800 euros, that is €60 a day; if the suspension starts on 1 December 2026 and the birth is expected on 20 March 2027, it adds up to €6,540.

What it covers

Article 186 of the General Social Security Act protects the period when the contract is suspended because the worker should move to a post compatible with her pregnancy and that move is not possible or cannot reasonably be required. It may be due to physical effort, exposure to substances, night shifts, long periods standing or any other factor the risk assessment identifies. Article 187 pays it at 100% of the occupational base.

Pregnancy risk benefit compared with week 39 leave
ItemPregnancy riskWeek 39 leave
FromThe day of the suspensionThe day after the leave starts
Rate100%60% and 75%
BaseOccupational risksCommon contingencies
Contribution daysNoneDepends on age
Paid byOccupational-risk bodyINSS or common-risk mutua

An example

With a due date of 20 March 2027, a suspension starting on 1 December 2026 covers 109 days up to the day before the birth. With a monthly base of €1,800, the daily base is €60.00 and the total €6,540.00. Week 39 would start on 6 March 2027, but you would already be receiving this benefit, which is higher. If the birth comes early or late, the benefit ends the day before the actual birth, because birth leave starts then. Contributions continue to be paid for you during the suspension, so these days count towards your retirement pension and any future benefit. Your contract is suspended, not ended: you keep your post.

Your benefit until the birth

Pregnancy risk benefit

€6,540

Per day€60
Per month (30 days)€1,800
Week 39 starts6 March 2027
Without a risk case: week 39 leave€528
Work it out with your dates →

How to claim it, and what it is not

The benefit is managed by the body your employer uses for occupational risks: if that is a mutua, you claim from it. You need the medical report on the pregnancy, the employer's statement on the post and its risks, and confirmation that no compatible post exists. It is not sick leave: if you fall ill for another reason during pregnancy, that is ordinary leave with its own rules, and if you reach week 39 still working, there is the special leave covered in week 39 of pregnancy. If the risk comes from an illness linked to the post, see also occupational disease.

Common questions

Who decides whether my job is risky for the pregnancy?

The employer must assess each post’s risks for pregnancy and adapt it or move you. If that is not possible, the benefit is claimed from the mutua or the INSS with a report from the doctor following your pregnancy and a statement from the employer about the post. The body can accept or refuse it after reviewing the case.

Do I get 100% even if my agreement has no top-up?

Yes. The law itself sets 100% of the base for this benefit, with no need for a collective agreement. The base is the occupational one, which usually matches your contribution base and includes the share of extra payments; the previous year’s overtime is added as well.

What happens in week 39 if I already receive the pregnancy risk benefit?

You keep the pregnancy risk benefit, which is more favourable: 100% of the base against the 60 and 75% scale of week 39 leave. The special week 39 leave is meant for those still working when they reach that date.

Keep going

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Publisher of free calculators on Spanish sick leave (incapacidad temporal): regulatory base, benefit by day band, employer versus INSS or mutua payments, collective-agreement top-ups and the self-employed

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As of 2026, rules and agreements read in the BOE on