Fathers in Spain will see their paternity leave increased to 16 weeks from January 1, 2021, following the implementation of a new Royal Decree.
The new measures aim to provide equal opportunities to both parents and mean that both parents will now be able to spend the same amount of time off with their newborn or adopted child.
In 2007, both parents were only entitled to two days off with their newborn child.
Since then, the allowance has slowly been increased. In 2019, paternity leave was set at 8 weeks with two additional weeks that the mother could give to the father.
This was then increased further in 2020, with both parents enjoying 12 weeks with the mother able to give another two weeks to the father.
However, the new ruling will mean that from 2021, both parents will now be able to enjoy the full 16-week allocation and experience this special time together.
Leave will no longer be transferable between the parents as was previously the case.
How the weeks will be distributed
The leave will be split into two parts, with the first six weeks being mandatory and full time. This will need to be taken by both parents from the day of birth.
The biological mother may anticipate this period up to 4 weeks before the expected date of delivery.
The remaining 10 weeks can then be taken as desired in either accumulated or uninterrupted, within the 12 months following the birth or resolution in the case of an adoption. Any leave must be agreed with the employer.
In the case of an adoption, the permission will also be 16 weeks.
The leave may also be increased by one week for each child and each of the parents in the event of a disability or in the event of a multiple birth, adoption or foster care.
If there is a premature birth or hospitalisation is required for more than seven days, leave may be extended for a further 13 weeks.
Salary subsidised to 100%
Leave will be fully subsidised with both parents receiving 100% of their regulatory base salaries which will also be exempt from personal income tax.
Self-employed autonomo workers also qualify for the paternity leave and subsidised pay.
Working mothers are also entitled to a payment of €100 per month or a tax rebate of €1,200 each year for the first three years of the child’s life.
How to apply
In order to be eligible to receive the benefit, applicants are required to have contributed to the social security system for at least 180 days in the last seven years or 360 days in their entire working life.
The new decree was published in the state gazette BOE and can be seen here.
If you would like further information or would like to apply for the benefit, please visit the official Seg Social page here. https://revista.seg-social.es/2020/12/23/los-presupuestos-de-2021-recogen-el-permiso-de-16-semanas-por-nacimiento-y-cuidado-de-menor-para-ambos-progenitores/
Further details on how to apply can be found at the following official page.
January 24, 2022
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