In March 2019, the government of Spain approved a law whereby, in the event of the birth of a child, the mother would not be the only one who enjoyed maternity leave, but also the father. Thus, paternity leave was created equalizing the rights of a mother and a father to enjoy the first months of their child.
But What is paternity leave? What does it entail? And what does it take to make it effective? All this and much more is what we are going to talk about next.
What is paternity leave
First of all, you should know that paternity leave is about a allowance due to parents whose partner has given birth to a baby, although you can also opt for it due to adoption or foster care. This leave enables that father to enjoy 12 weeks of rest, that is, a suspension of his employment contract without this meaning that he loses his salary for those weeks.
In other words, it is the same maternity leave, only in this case it is for the father. Both, motherhood and fatherhood, can be enjoyed at the same time and without interruption. In fact, the first four weeks are mandatory to take them all together, but the following weeks can be taken little by little from birth until the child reaches 12 months. That is, the remaining 8 weeks do not need to be taken immediately, but can be enjoyed later.
The time of paternity leave
I am currently taking paternity leave It allows the father to suspend his employment contract or employment relationship for a period of 12 weeks. By 2021, the permit will be extended to 16 weeks. Meanwhile, in 2020 only Andalusian officials enjoy a 20-week permit.
However, it may happen that this permit is extended. And it is that, when there is a multiple birth, or there is an adoption, foster care or custody of more than two children, then you have the right to enjoy two more weeks for each child from the second.
For example, if you have twins, you would enjoy your 12 weeks plus 2 extra for that second child. Of these two weeks, one must necessarily be enjoyed in the first weeks after the child's birth (that is, instead of 4 "mandatory" weeks, it would be 5). The second week would be enjoyed in the same regime as the others, that is, until the child was 12 months old.
Is it compulsory to take paternity leave?
One of the many questions asked when one has the possibility of taking paternity leave is whether it is "compulsory". And the reality is that the companies themselves do not look favorably on this type of subsidy, because they are left without a worker for a period of time.
We have to tell you that there was no obligation to enjoy the permit. Up to now. When extending paternity leave from 8 to 12 weeks, this characteristic has been included, in such a way that we could say that at least the first 4 weeks from birth are mandatory, adoption or foster care of the minor. After those weeks, you can continue to enjoy the rest (that is, 8 more weeks) spread over a year, always trying to coordinate with your company. And, starting in 2021, the four weeks will become six mandatory.
How to apply for paternity leave
Focusing now on how to request that paternity leave, you must take into account not only the steps that you must take, but also if it corresponds to you or the documents that you must include to prove this leave.
Can I apply for paternity leave?
The law says that only those employees, whether in the public or private sector, as well as the self-employed, can enjoy this permit. if they have had a biological child or have adopted or fostered a child under 6 years of age. Now, to be able to choose, you need to be registered with Social Security and, in addition, have contributed a minimum of 180 days in the 7 years prior to the leave, or 360 days throughout your working life.
If this is not fulfilled, you cannot request this permission.
What documents do I need?
If you are one of the lucky ones who can request paternity leave, you should know what documents you will need to process it. Starting with a document of your company, the certificate of withdrawal. In this the salary of your last payroll should appear so that Social Security determines what corresponds to you while you are on "paternity leave".
You will also need the baby's birth certificate, or a document that proves your adoption or foster care. In addition, it includes the original and a photocopy of the DNI, the last payroll you have, the family book and an account number to be able to receive your "subsidy".
Where to go to ask for permission
Thus, Steps you must take to request paternity leave are:
1. Go to the company for the discharge certificate. This should not take a long time, and you can even request it online or by phone to the company and it will send it to you by email so you can print it.
2. Go to Social Security. In many cases it will be necessary for you to make appointments, but it is best to inform yourself by phone since it may happen that you have the option of processing it online. In any case, if you go in person, you must bring all the previous documentation.
The Social Security itself will establish the remuneration that you have based on your salary (in this case you will not charge extras, or allowances ... only the base salary).
To save time, you can have the paternity application form already formalized in order to speed up the procedures.
From that moment, and as long as it is accepted, of course, the worker will be able to enjoy the leave and will be paid by Social Security for as long as he or she enjoys this subsidy.