Organic Law 1/2023 of 28 February 2023, which amends Organic Law 2/2010 of 3 March 2010, on sexual and reproductive health and termination of pregnancy, introduced a new temporary incapacity leave in order to offer support to female workers, with effect from 1 June 2023.
The Act establishes special situations of temporary incapacity. The following will be considered as situations in which a woman finds herself in the event of incapacitating secondary effects, as well as those caused by the termination of pregnancy, whether voluntary or involuntary termination of pregnancy, while receiving health care from the public health service and unable to work, without prejudice to cases where the termination of pregnancy is due to an accident at work due to an accident at work or an occupational disease, in which case it will be considered to be temporary incapacity due to professional contingencies.
A special situation of temporary incapacity due to common contingencies shall also be considered to be that of pregnancy of the working woman from the first day of the thirty-ninth week.
INCAPACITATING CONSEQUENTIAL EFFECTS MENSTRUATION: INCAPACITATING SECONDARY EFFECTS means the situation of incapacity resulting from dysmenorrhoea caused by a previously diagnosed pathology. In this particular situation of temporary incapacity, the benefit will be paid by social security from the first day of absence from work.
VOLUNTARY OR INVOLUNTARY INTERRUPTION OF PREGNANCY: a special situation of temporary incapacity is established in the event of voluntary or involuntary interruption of pregnancy, the temporary incapacity benefit will be paid by Social Security from the day following the day of the the day on which work is stopped, with the full salary corresponding to the day on which work is stopped being paid by the company.
PREGNANCY FROM THE 39TH WEEK OF PREGNANCY: a special situation of temporary incapacity is established in the case of gestation from the first day of the 39th week of pregnancy. The benefit will be paid by Social Security from the day following that on which you stopped work. The full salary corresponding to the day on which work is stopped will be paid by the company.