Displacement and parenthood

If a company displaces a worker abroad temporarily (in general, the displacement will be considered as such if it does not exceed 24 months), it must notify the Social Security. This notification is made in order to continue contributing in Spain during the displacement, so that the affected person remains covered by Social Security in case of accident or illness.

Therefore, if that employee has a child abroad, he also has the right to suspend his contract for 19 weeks and to request the benefit for birth and child care. However, certain procedures must be carried out.

The company must suspend the contract in the same way it would with any other worker located in Spain. Therefore, it must notify the suspension through the RED System.

From there, the interested party can submit the benefit application electronically or by regular mail. The employee must send a copy of his ID card and the company certificate to the INSS, indicating the start date of the work suspension. In addition, if the child has Spanish nationality, the birth registration must be attached from the Spanish Consular Office or the Central Civil Registry (Madrid). If the child has foreign nationality, the registration in the civil registry of the country of birth must be attached, duly legalized or apostilled (according to the country where the birth occurs).