On March 1, Organic Law 1/2023, of February 28, which amends Organic Law 2/2010, of March 3, on sexual and reproductive health and the voluntary interruption of pregnancy, was published in the Official State Bulletin (BOE).
Regarding the contents of the regulation in the labor field, all of them will enter into force the day after its publication, that is, March 2, 2023, except for the reform of the revised text of the General Social Security Law (LGSS).
The three special situations included in this regulation, and which were not protected until now, are:
- The sick leave in which a woman may find herself in the event of secondary incapacitating menstruation.
- The interruption of pregnancy, whether voluntary or not, while receiving health care from the Public Health Service and being unable to work.
- The period from the first day of the thirty-ninth week of gestation until childbirth.
| SPECIAL SITUATION | CONTINGENCIES | LACK | RELAPSE | RIGHT BENEFIT | DURATION | AMOUNT BENEFIT | PAYMENT BENEFIT |
| SECONDARY DISABLING MENSTRUATION | Common contingency | No | No | First day of sick leave | Until doctor’s discharge report | 1st-20th day: 60% Regulatory basis 21st day onwards: 75% Regulatory basis | From the 1st day: INSS/MUTUA through delegated payment |
| INTERRUPTION OF PREGNANCY | Common contingency | No | Yes | First day of sick leave salary | Until doctor’s discharge report | 1st day: Salary 2nd-20th day: 60% Regulatory basis 21st day onwards: 75% Regulatory basis | 1st day: Employer 2nd day onwards: INSS/MUTUA by delegated payment |
| GESTATION WORKING WOMAN FROM THE 1ST DAY OF THE 39TH WEEK | Common contingency | Yes | Yes | First day of sick leave salary | From sick leave to childbirth date | 1st day: Salary 2nd-20th day: 60% Regulatory basis 21st day onwards: 75% Regulatory basis | 1st day: Employer 2nd day onwards: INSS/MUTUA by delegated payment |
Inmaculada Pessini
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