Having a sick family member is always a concern and sometimes it is even necessary to provide assistance, which can make a difference find out if you are entitled to family support leave. And, particularly, if you are entitled to Social Security support to compensate for lost earnings that absence from work can bring. Under the terms of the labor law, it can have right to be absent to provide support to the familybut depending on the kinship may or may not be entitled to claim monetary support from Social Security.
Right to be absent to provide family support
Absences for family assistance are enshrined in the Labor Code, but depend on the family relationship in question. That is, the number of days to which you are entitled differs whether the family member is a child, grandchild or other degree of kinship.
Absences for child care
In the case of childcare, you are entitled to a leave of absence from family support (Article 49 of the Labor Code – CT) to provide “unavoidable and essential assistance” in case of illness or accident of a child, stepchild or adopted child. And you will be entitled to:Missing work up to 30 days a year, or during the entire hospital stayair, to assist child under 12 years old or, regardless of age, to a child with a disability or chronic illness;Missing work up to 15 days a year to assist a child aged 12 or over which, in the case of being older, is part of your household.Note, one day is added to the mentioned days for each child in addition to the first. On the other hand, this right cannot be exercised at the same time by both parents.
Absences for assistance to grandchild
Grandparents are also entitled to provide assistance to grandchildrens in place of parents (Article 50 of the CT). In this case, grandparents are entitled to:Missing 30 consecutive days for the birth of a grandchild to live with you if the parents are under the age of 16;Absence in place of parents due to proven impossibility of these, on the days to which they would be entitled. That is, you have the right to be absent for up to 30 days a year if the child is under 12 years old or has a disability or chronic illness, or up to 15 days if the child is over 12 years old.
Absences for family assistance
In case of other family membersfamily support rights (regulated by article 252 of the CT) include: Missing work for up to 15 days a year to provide “unavoidable and essential assistance“, in case of illness or accident, to your spouse or person with whom you live in a de facto union or common economy, relative or similar in the ascending straight line or in the 2nd degree of the collateral line;To these days add 15 days a yearin the case of provision of this same assistance to a person with a disability or chronic illness, to his/her spouse or to whom he/she lives in a de facto relationship. relative or similar in the ascending straight line, belonging to the same household is not required.
Communicate and justify absences to the employer
Whatever the reason, if you have to provide family support, you must report the absences to the company where you work. It is may require you to provide proof that assistance is “essential and unavoidable”, as well as a statement that no other family members are absent from work for the same reason.
Are absences for family support and assistance justified absences?
Yup. Absences for support and assistance to any family member are considered excused absences (Article 249 of the CT), being therefore considered as effective delivery of work.
Right to Social Security allowance
In fact, despite being all lack of assistance to the family, the absences due to lack of assistance to children and grandchildren entitle you to the Social Security benefit you can claim to compensate for your loss of earnings. leave for family assistance does not entitle to any type of social support. That is, if you have to give assistance to grandparents, parents, in-laws, siblings or brothers-in-law does not count on any value to compensate the loss of pay resulting from being absent from work.
Absences for family support entitled to Social Security subsidy
Entitlement to the attribution of monetary subsidies from Social Security to absences to assist a child, a child with a disability, a chronic illness or an oncological disease or grandchild, provided that the access requirements are met.
Child care allowance
who is entitled
In the event of child care leave due to illness or accident You will only be entitled to receive a benefit if both parents work and the other parent does not apply for the benefit for the same reason, or is unable to provide assistance.You must also have complied with the warranty period, that is, have six months of salary registration with Social Security. But they can also beneficiaries of the Voluntary Social Security who work on ships owned by foreign companies or are scholarship holders of investigation.
concession period
The subsidy will be awarded by a maximum number of days, consecutive or interpolated, namely by:30 days if the child is under 12 years oldor for the entire period of hospitalization15 days if the child is over 12 years oldNote, this number of days is added one day for each child beyond the first.
amount
The amount of the subsidy will be 100% of your Reference Remuneration (RR), which you can obtain in one of two ways:RR=R/180. OR is the total of earnings recorded in the first six calendar months immediately preceding the second month prior to the beginning of the leave;RR=R/(30xn). If there is no record of remuneration in that six-month period, because there has been a total of contributory periods, in which, R is thus the total of remuneration recorded from the beginning of the reference period until the day before the impediment to the en work is the number of months to which they refer.But the minimum daily amount cannot be less than €11.82 (80% of 1/30 of the IAS), and the value of the IAS (Social Support Index) in 2022 is €443.20.
Assistance allowance for a child with a disability, chronic illness or cancer
who is entitled
In this context, is entitled if you work or if you are in pre-retirement, as well as if you are retired and working and paying Social Security. However, you must also have the guarantee period. Ie, have deducted six months (consecutive or interpolated) for Social Security, or another similar contributory regime.Additionally, the child with a disability, chronic disease or oncological disease confirmed by the doctor must be part of the household and live with the parent who requests the allowance. Also read: What tax and social benefits are there for people with disabilities?
concession period
The concession period is six months, which may be extended up to four years.However, in case of need and having a statement from the specialist doctor, the term may be six years.
amount
O value depends on the Reference Remuneration (RR) of the parent who requests it. This is calculated according to the same formula applied for the child care allowance. value will be 65% of the RR, with a maximum value of €886.40 per month, that is, 2 x IAS.It also has a minimum daily value of €11.82 (80% of 1/30 of the IAS), increased by 2% if you reside in the Autonomous Regions.
Grandchild care allowance
who is entitled
To be entitled to the subsidy, you must be working, be in a pre-retirement situation or be in retirement, but be working and paying Social Security.also have to meet the warranty period. This is, you must have deducted at least six months, consecutive or not, for Social Security (or other social protection system) before the day you start missing. If necessary, the month in which you will start missing counts as a complete month, provided you have worked and deducted at least one day in that month. there cannot be a period of six consecutive months without discounts. If there is, the previous ones do not count.
When can I apply for the subsidy?
Even checking the requirements, you can only apply for the subsidy in two situations: for assistance with the birth of grandchildren of a teenager under the age of 16 and assistance for a minor grandchild due to illness or accidents or, irrespective of age, suffer from a disability or chronic illness if the parents are unable to do so.
concession period
The period It depends on the situation that caused it.In case of birth of a grandchild, child under 16 years of age, the allowance is granted for 30 consecutive days, but it can be divided between the two grandparents, and they will not be able to benefit from this support at the same time. assistance to grandchildren due to the parents’ impossibility, the number of days will be deducted from the number of days to which the parents are entitled: 30 days if the child is under the age of 12, and 15 days if the child is over that age. But no other family member can be absent for the same reason. But they will also be entitled to this allowance if for some other reason the parents, even if they are not workers, are unable to provide care to the child.amountThe subsidy amount it is associated with the Reference Remuneration, which is calculated in the same way as the childcare allowance. And it will be from:100% of the RR, in the case of assistance for the birth of a grandchild65% of the RR in the remaining cases, but with an increase of 2%, in the case of residing in the Autonomous Regions. minimum daily amount cannot be less than €11.82 (80% of 1/30 of the IAS).
How to apply for subsidies
You can apply for each of these grants in your area of Social Security Direta.Read more: Prolonged illness: Do I lose entitlement to subsidies or holidays?
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