Are considered in a situation of temporary incapacity officials who, in accordance with the provisions of the judiciary act (articles 374 and 375) and on the consolidated text of existing legislation on the special regime of Social security of staff in the service of the administration of justice (articles 19 and 20), approved by royal Legislative Decree 3/2000, had obtained the license of illness or accident that impede the normal performance of public functions.
Its basic regulation is contained in legal precepts described above and in articles 82 to 93 of the rules of procedure of Judicial Mutualismo, approved by royal decree 1026/2011, of 15 july (BOE of 4/8/2011).
The right to Temporary incapacity allowance by Mugeju born attaching the extension of sick leave for the seventh month (for the first six, officials of the administration of justice are entitled to all payments).
An equal footing and impact of the situation of Temporary Disability has the status of women officer having obtained the license for risk during pregnancy or risk during breastfeeding child has attained the age of nine months.
The grant is fixed and unchanging, while It is not extinguished, and will be the largest two cuantidades following:
- 80 Percent of basic pay accrued (salary and trienniums), increased in the sixth part of a bonus payment, for the first month of leave.
- 75 Percent of supplementary compensation due for the first month of leave.
The Full Amount calculated and not exceed a supplementary compensation for the first integrate month of leave.
If the amount of subsidy should prove to higher amount will be reduced too.
The allowance is extinguished, among other causes, by:
- Completion of sick leave.
- Course of the maximum length of temporary disability, provided for in the consolidated text of the General Social security law.
- Statement of retirement.
The situation of the scheme is obtained license for risk during pregnancy or during the period of breastfeeding child has attained the age of nine months will have the same status and effects of the Temporary Disability, with the particularity that the financial benefit equivalent to Temporary incapacity allowance consists of an allowance by Mugeju in amount equal to 100 per cent of supplementary compensation due for the first month of leave.