Social security adds up to 5 years of contribution to mothers who ask for an leave for children’s care through the so -called fictional contributions. Thus, women who enjoy a labor leave for this reason can add up to three years for the care of each child, with a maximum limit of five years of effective contribution, a limit that will only be achieved if you have several children. This is possible thanks to this mechanism that recognizes periods in which it was not quoted due to labor inactivity, but that social security also recognizes for the Retirement pension calculation.
Are fictitious quotes For leaves, they are regulated in article 237 of the General Law of Social Security (LGSS) and, unlike other benefits, they can be used to meet the access to the retirement pension, that is, for generic lack (15 minimum years) and the specific one (2 of the last 15 years). They are also key to improving the amount of the pension, by adding more years to the calculation of the applicable percentage.
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Up to three years of contribution for each leave
The measure allows women to add up to years of effective contribution by the leave enjoyed for the care of each child or minor adopted or welcomed. This period is considered quoted for all purposes for retirement pensions, permanent disability and death and survival.
In addition, although most of this type of benefits (such as birth or unemployment) are for women, in this case men can also request it. That is, parents can also access it whenever they meet the requirements.
These fictional quotes, to differences from others, that allows obtaining the double benefit for the retirement pension. On the one hand, these quotes will add years of contribution to working life, facilitating that the minimum of 15 quoted years required to be entitled to a contributory pension is reached or the specific lack is fulfilled.
On the other hand, it allows to increase the amount, since according to the social security calculation method, more years of contribution will be the percentage of the regulatory base to which it is entitled.
It is important to note that the sum of all benefits for children’s care (including leave) cannot exceed a maximum of five years of fictitious contribution by beneficiary. Therefore, to reach this stop it is necessary to have several children.
Practical example of quotes for leave for children care
To understand how these limits apply, let’s imagine the case of a worker, Laura. In 2025, he has his first child and decides to request an leave for his care. He welcomes this right for three full years before reincorporating his job. Thanks to the provisions of article 237.1 of the General Social Security Law, those three years will be considered as an effective contribution period in their working life. When calculating their future pension, those 36 months will count as if he had been working and trading normally.
But now, a year later, Laura has a second child and requested an leave. Although this second child could enjoy up to three years of leave over, the law establishes a maximum global limit. According to article 236.2, the sum of all benefits for children’s care cannot exceed five years for beneficiary. As Laura has already consumed three years with her first child, of this second leave, only the
Now, if in the future Laura had a third child and requested a new leave, this period would no longer add more days to her contribution of contributions, because she would have already reached the five -year limit that the law allows per person.
What happens if the leave is preceded by part -time job?
In cases that the leave is preceded by a part -time contract, the quotes will compute as if it had been full -time, that is, it will be bonus with up to 100% of the amount that had corresponded if the full day had been maintained.
This is established by the doctrine of the Constitutional Court (STC 91/2019 and STC 155/2021) and the Supreme Court (STS 689/2024, among others), which indicate that these are fully valid and computable days for the calculation of the period of lack, without applying reducing coefficients.