As of January 1, parents will enjoy 12 weeks of permission for paternity

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As of January 1, 2020, non -biological fathers can enjoy 12 weeks of permission, four weeks more than the eight that began to be granted as of April 2019.As of that date, many workers will spend three months followed outside the office.

In 2021 these permits will rise to 16 weeks in 2021, so that the decline will be equated to that of biological mothers.The first four weeks of the parents' permission, they will have to take in a row and immediately after the baby's birth.The remaining eight weeks can be distributed at the election of the interested party, although they have to enjoy within the first year of the son.

For mothers they are six weeks after childbirth, in accordance with what was collected in Royal Decree 6/2019 on March 1.

To their reincorporation to the job, both parents will have the right to benefit from any improvement in the working conditions that have been achieved during their absence and, as a general rule and in both cases, the total permit will have to be enjoyed beforeThe baby turns 12 months old.

Childbirth is multiple

In the event that the delivery is multiple, the permit is extended in two weeks per child from the second.Lactation hours also increase proportionally.

Baby is premature

In the event that the newborn is premature or that, for any other cause, it has to remain hospitalized after birth, the permission period may begin from the date of hospital discharge, except for the first six mandatory weeks later thechildbirth in the case of the biological mother.If the admission exceeds seven days, the subsequent permit will be extended in as many days as the born is in the hospital up to a maximum of additional 13 weeks.

Employees may be absent from work one hour a day and will have the right to opt for two other reduction with their consequent salary reduction.

You can divide permission

The law provides that, except for six weeks after delivery that from 2021 both parents must enjoy at the same time (four for 2020 in the case of not being the biological mother), the rest of the permit -until 16 weeks in theCase of the biological mother and until 12 in the case of the second parent- can be divided, in weekly periods and in full-time or part-time regime, as agreed with the company, until the first year of the baby's life.The biological mother can anticipate her permission up to four weeks before the planned date of childbirth.

Give part of the permission to the other parent

Although permission is an individual right of each worker, until both parents are fully equated in 2021, the biological mother can give up two of its 16 weeks to the detriment of the second parent, so that the permits are equated to 14 weeks for eachone.

The non -biological father or mother cannot give up any part of their permission, even if it will not use it.Similarly, breastfeeding hours are not transferable among parents, although some of them renounce their enjoyment.

The company does not order permits

In accordance with the Royal Decree, the parents have freedom to decide how to order their permits - to the exception of the six mandatory weeks after childcollective bargaining that have been achieved.

The remaining weeks of the mandatory period - DIEZ in the case of the mother and eight in the case of the other parent - are a right and not an obligation, so you can renounce them.

You can say goodbye to a worker while permission

A worker can be fired while enjoying his paternity or maternity leave, but the company must prove the origin of dismissal for reasons not related to that cause.Article 55.4 of the Workers' Statute declares the disciplinary dismissal during periods of suspension of the contract by birth, unless the origin of dismissal is declared for reasons not related to the exercise of the permit.

Autonomous

Birth benefit and minor care in the case of self -employed is equivalent to 100% of the regulatory base.For self -employed, this amount usually corresponds to the minimum contribution base.In addition, it is essential that the autonomous be up to date of payment of contributions.

Adoption

As of January 1, 2020, in case of adoption, the adopters will have 16 weeks of permission, six of which must enjoy the judicial or administrative resolution that approves the adoption, full -time and uninterruptedly.

The rest of the voluntary period may distribute it between the two in weekly blocks, uninterruptedly and in a full -time or part -time regime, until reaching the maximum of 16 weeks and without exceeding the limit of ten accumulated by one of them, withinthe 12 months following the resolution.

In the event that the adopters are necessary to move to the country of origin of the adopted, the law provides that the permit can be initiated up to four weeks before the judicial decision.