Subsidio por Incapacidad Temporal y por Riesgo durante el embarazo y durante la lactancia

Recommend this benefit

Status of Temporary Incapacity

Are considered in situation of Temporary Incapacity officials who, in accordance with the Organic Law of the judiciary (articles 374 and 375) and in the consolidated text of existing legal provisions on the Social security schemes of staff at the service of the administration of justice (Articles 19 and 20), approved by Royal Legislative Decree 3/2000, have obtained license by illness or accident that prevent the normal performance of public functions.

Its basic regulation is contained in the legal precepts quoted in the previous paragraph and Articles 82 to 93 of the rules of the Judicial Mutualisme, approved by Royal Decree 1026/2011, July 15 (BOE of 4/8/2011).

The right to temporary disability benefit by Mugeju was born to be granted the extension of sick leave for the seventh month (during the first six, officials in the administration of justice are entitled to all the retribucions).

Igual consideración y efectos que la situación de Incapacidad Temporal tiene la situación de la mujer funcionaria que haya obtenido licencia por riesgo durante el embarazo o riesgo durante la lactancia natural de hijo menor de nueve meses.

The amount of the grant is fixed and unchanging, while It is not extinguished, and will be the largest quantities of two:

  • Eighty percent of the basic rewards accrued (salary and trienniums), increased at the 6th part of a bonus, for the first month of license.
  • 75 Percent of complementary rewards accrued in the first month of license.

The Full amount of the allowance calculated so may not exceed the three complementary rewards for the first month of license.

Si la cuantía del Subsidio resultase superior, su importe se reducirá en el exceso.

The benefit is extinguished, among other causes, by:

  • Completion of sick leave.
  • Course the maximum period of temporary incapacity, under the consolidated text of the General law of Social security.
  • Statement of retirement.
  • Death.


Risk during pregnancy and during breastfeeding

The status of the insurance obtained license by risk during pregnancy or during the period of breastfeeding of child under nine months will have the same consideration and effects that temporary incapacity, with the particularity that the economic benefit equivalent to the Temporary Incapacity allowance consists of a subsidy by Mugeju in amount equal to 100 percent of complementary rewards accrued in the first month of license.

Associated files