The maternity and the paternity These are significant moments in people’s lives, which is why the legal and social system provides a range of rights and benefits in cases of birth and childcare.
These rights are designed to ensure the wellbeing of both newborns and parents, and to promote gender equality in the workplace. Thus, the main types of parental leave In the event of the birth and care of a child, the provisions are as follows:
Maternity leave
The maternity leave has a 16 weeks’ duration. These weeks are organised as follows:
- The The first 6 weeks are compulsory and must be taken as a continuous period immediately after childbirth.
- The The remaining 10 weeks can be allocated flexibly, at the mother’s discretion, and can be taken on a full-time or part-time basis.
During the maternity leave, The mother is entitled to a financial benefit equivalent to 100% of the assessment base. This benefit is intended to compensate for the loss of income whilst the mother is unable to work.
Female employees on maternity leave are protected against dismissal from from the start of pregnancy until the end of maternity leave. If a dismissal takes place during this period, it is deemed invalid, except in very specific cases justified on grounds unrelated to pregnancy or maternity.
Paternity leave
On the other hand, the paternity leave It has recently been reformed to encourage greater parental involvement in the care of children. It currently lasts for 16 weeks, which are distributed as follows:
- The first ones 6 weeks are compulsory and must be taken consecutively and must be taken immediately after the child’s birth.
- The The remaining 10 weeks can be taken flexibly until the child reaches 12 months of age.
So, during the paternity leave, the father will be entitled to a financial benefit equivalent to 100% of the regulatory base. This allowance, like the maternity allowance, is designed to ensure that the father can play an active role in caring for the child. And, as with maternity leave, there is also protection against dismissal during the period of paternity leave.
Other related rights
However, in addition to the above permissions, there are also others parental leave relating to the birth and care of the child. Some of the main ones are:
Breastfeeding leave
The breastfeeding leave, as set out in Article 37(4) of the Workers’ Statute, states that both parents are entitled to leave, which may consist of one hour’s absence from work – which may be split into two parts – or a reduction in working hours of half an hour.
This permit applies to until the child is 9 months old. It is also possible to extend the leave until the child is 12 months old, although there will be a proportional reduction in pay from the 9-month mark onwards.
Leave of absence to care for children
Parents can apply for a parental leave, which may last for up to three years from the child’s birth or adoption. During this leave, employees are entitled to have their job reserved for them and to return to work under conditions similar to those they had prior to taking the leave. This is provided for in Article 46.3 of the Workers’ Statute.
Flexibility and reduced working hours
There is also the the right to request a reduction in working hours to care for children under the age of 12 or dependent relatives, with a corresponding proportional reduction in pay. Article 34.8 of the Workers’ Statute, which sets this out, also states that these reductions in working hours shall be in accordance with and proportionate to the needs of the worker and the organisational needs of the company.
Parental leave of up to 8 weeks
With the Royal Decree-Law 5/2023, a series of measures are being introduced in the field of employment, amending the provisions of the Workers’ Statute. Among these is a new unpaid leave which stipulates that workers shall have the right to parental leave of up to 8 weeks, whether continuous or intermittent, for the care of the child until they reach the age of 8.
You can take this leave whether you work full-time or part-time. Furthermore, it is a permission which constitutes an individual right of workers; this means that it cannot be transferred from one parent to the other.
As you can see, all of these parental leave are designed to protect parents’ jobs, ensure the welfare of newborns or children in care, and promote gender equality. It is therefore essential that both employers and employees are aware of these rights so that they can be properly upheld.
