Can paternity leave be waived? Social Security makes it clear

There are times when a father, at the time the child is born, is entitled to paternity leave and to enjoy a break for a certain period of time. But sometimes it can happen that the worker who has been a father does not want to have that break from his employment and therefore wonders whether or not he can reject the enjoyment of said leave, something that can be done.

But one note must be highlighted, such paternity leave cannot be ruled out and, therefore, temporary suspension of employment, from the first moment in which the minor in charge is born. But it is necessary to comply with a very specific requirement in a mandatory manner as established by current regulations and detailed by the National Institute of Social Security (INSS).

If you have a newborn dependent minor child and the parent decides not to request this paternity leave from Social Security, you should know that it is granted automatically by the company and the INSS, charging the same salary as if was working. To know all the data on this contributory benefit, if he has not yet enjoyed it, you can visit the complete guide on paternity leave.

Can paternity leave be waived?

The answer is yes. The National Institute of Social Security allows the beneficiary of this paternity leave to waive the enjoyment of this contributory benefit for the birth and care of a minor, although he has to meet a very specific requirement for this.

This temporary suspension of employment permit to dedicate oneself to the care of the minor during the first weeks of the child's life has a maximum duration of 16 weeks as detailed by Social Security. The working father has to enjoy, in a mandatory way, the first 6 weeks without interruption, whether he wants to enjoy said benefit or not. And it is that the current regulations establish that, during the first 6 weeks after the birth of the child, he is suspended from employment receiving the INSS benefit to devote attention to the care of the minor in charge.

Once those initial six weeks have passed, the working father has the possibility of enjoying another 10 more weeks. Although here there is a differentiating fact from the previous one, and that is that he has the right to enjoy the remaining ten weeks, but he has no obligation to do so. Therefore, it is at this point that he can inform the National Social Security Institute of his resignation from continuing to collect the temporary suspension of employment benefit, deciding to return to his work activity once the initial 6 weeks of leave are over.

What happens if paternity leave is waived?

What happens when you decide to give up those extra 10 weeks of leave? At the moment in which the decision to waive the rest of the time that corresponds to the father in his paternity leave is communicated to Social Security, he loses the right to enjoy it at any other time. But not only that, but also, he also loses the right to collect the contributory benefit paid by the INSS during the time he has been on parental leave, having to go back to work.

How do you apply for a waiver of paternity leave?

In the event that a worker has already enjoyed the mandatory 6 weeks of rest to dedicate himself exclusively to the care of the newborn child, he must notify the National Social Security Institute of his resignation through a letter addressed to the public administration. The following sections must appear in said communication:

It is a simple letter that the worker must prepare and that must be delivered personally to Social Security in one of the offices. To attend, it is always important to remember that it is necessary to request an appointment with the INSS, and to respect the Covid-19 protocol by wearing a mask and keeping a safe distance.