What is paternity leave and how long does it last?

Paternity leave is a subsidy given to workers who leave the employment contract or their activity, during the days established by law, on the occasion of the birth of a child, adoption or foster care.

The latest extension, effective January 1, 2021, raised the duration to 16 weeks for births from that date, so that it equals maternity leave . In this way, all parents can enjoy the same weeks off for the birth of their children and the period of breastfeeding, as well as leave or reduced working hours to take care of a child.

It should be borne in mind that in order to generate this right to benefits in the event of adoption, the adopted or foster child is required to be under 6 years of age.

And what will happen in 2022? If all goes according to plan, next year this leave could last six months and even a year for single-parent families, which would accumulate the two casualties. Nevertheless, its initial exclusion from the 2022 Budget creates some uncertainty pending the release of the draft Family Law.

How are leave weeks distributed?

The first four weeks of leave must be taken uninterruptedly after delivery. The remaining weeks may be for interrupted enjoyment and exercise from the end of the mandatory postpartum rest period until the son or daughter turns 12 months old. This leave, which is 100% paid, is non-transferable, so if the father does not use it, he cannot transfer it to the mother.

Can this permission be extended?

If the parents want to extend the paternity leave, they must have the following conditions: disability of the child (one week); for each child, from the second, in case of multiple birth, adoption or foster care (one week); extension of up to 13 weeks for premature births or hospitalization (longer than seven days).

How much is received during sick leave?

A worker who is on paternity leave will receive one hundred percent of his salary, including the salary supplements he enjoyed before birth. The payment of the paternity benefit is borne by the Social Security. In addition, the Supreme Court ruled that all of these amounts received during paternity leave are exempt from personal income tax with retroactive effect until 2014.

Who can apply for paternity leave? Is there a minimum contribution period?

This can be requested by workers included in the general and special Social Security schemes. The paternity benefit is independent of the mother's benefit and compatible with the shared benefit of the maternity benefit.

The minimum contribution period required is 180 days within the 7 years immediately preceding the date of commencement of the suspension or, alternatively, 360 days throughout the working life prior to that date.

What formalities must be carried out with the Social Security? And what documentation must be submitted?

  The paternity report from the Health Service, the application for the permit sent to the company and the official model of the paternity application must be submitted. Procedures must be done in good time so as not to cause problems for the company where you work. At the time of processing, you must also bring the last payroll, a photocopy of your DNI, an updated family book and a receipt from the bank where the salary must be paid. The collection will take place after the second week of the month following the generation of the right.

And as for the self-employed, is there any particularity for them?

No. As for other workers, the paternity benefit is equivalent to one hundred percent of the regulatory base, which in the case of self-employed workers generally corresponds to the minimum contribution base. It is essential to be aware of the payment of contributions.

If you need more information do not hesitate to contact DATA and SERVICES.