PATERNITY LEAVE IN SPAIN - NEW MEASURES

The Spanish Government has finally approved by a royal decree to raise paternity leave to sixteen weeks by 2021.

The changes are specially focused to guarantee equal treatment and opportunities between women and men in employment and occupation by raising the paternity leaves due to the birth or care of a child to equate both progenitors progressively.

For the progenitor different from the biological mother the increase shall be to sixteen weeks.

The implementation period for this new measure will be of three years in order to give time to companies to begin adapting to this changes.

Hence in 2019 the paternity leave is of eight weeks, in 2020 twelve weeks and it will reach to sixteen weeks in 2021; both parents will enjoy equal and non-transferable paid leave as stated, which can be extended by two weeks per child in the case of multiple birth.

Having said that the progenitors different from the biological mother of any child born after 31st March 2019 will enjoy eight weeks of leave, against the five weeks they were benefited from the summer of 2018.

In this regard, the new wording of Article 48 of the Workers’ Statute establishes that the birth of a child shall suspend the working contract of a progenitor different from the biological mother during sixteen weeks.

Entitlementof paternity leaves

The first two weeks of the paternity leave must be enjoyed jointly with the mother and immediately after childbirth.

The new paternity leaves of sixteen weeks shall be distributed as follows:

• First six weeks after birth must be enjoyed continuously and at full-time.
• Following ten weeks can be splitted freely at the progenitors’ choice, in weekly periods, either discontinuous or cumulatively, at a full-time or part-time, and it can be applied just after the first six weeks leave and until the child is a year old.

Every period of receiving the granted paternity leave, either weekly, or in its case, cumulative periods, shall be communicated to the company at least 15 days in advance. And whenever both parents work for the same company, the company could limit the leaves simultaneously, due to reasonable and objectives reasons, duly founded and in written.

In the event of the death of the child, the paternity leave shall not be reduced, unless, after first six (6) weeks of obligatory leave, the father applies for the reincorporation to work. Again equal rights shall apply for both parents.

This measure is also applicable in the cases of adoptions, in custody for adoptions and in foster care; and it will be gradually implemented as follows:

• From 1st April 2019: the paternity leave for childbirth shall be for a period of eight weeks, of which the first two weeks must be enjoyed continuously and immediately after birth. The biological mother could share with the father up to four weeks of her voluntarily leave.
• From 1st January 2020:  twelve weeks, of which the first four weeks must be enjoyed continuously. The biological mother could share with the father up to two weeks.
• From 1st January 2021:  sixteen weeks, of which the first six weeks must be enjoyed continuously. From this date on, neither parent could share leave rights to the other.