Motherhood and fatherhood are significant moments in people’s lives, and that is why the legal and social system offers a series of rights and benefits in cases of birth and care of a minor.
These rights are designed to ensure the well-being of both newborns and parents, and to promote gender equality in the workplace. Thus, the main parental leave in case of birth and care of the minor are the following:
Maternity leave lasts 16 weeks. These weeks are distributed as follows:
During maternity leave, the mother has the right to receive a financial benefit equivalent to 100% of the regulatory base. This benefit is intended to compensate for loss of income during the time that the mother is unable to work.
Maternity workers are protected against dismissal from the beginning of pregnancy until the end of maternity leave. If a dismissal occurs during this period, it is considered void, except in very specific cases justified for reasons unrelated to pregnancy or maternity.
On the other hand, paternity leave has been the subject of recent reforms to encourage greater involvement of fathers in the care of minors. Currently, it lasts 16 weeks, which are distributed as follows:
Thus, during paternity leave, the father will have the right to a financial benefit equivalent to 100% of the regulatory base. This benefit, like the maternity benefit, is designed to ensure that you can actively participate in the care of the child. And, as in maternity leave, in the case of paternity there is also protection against dismissal during the leave period.
Now, in addition to the previous permits, there are also other parental permits related to the birth and care of the minor. Some of the main ones are:
Breastfeeding leave, included in article 37.4 of the Workers’ Statute, indicates that both parents have the right to leave, which may consist of one hour of absence from work, which can be divided into two fractions, or a reduction of the working day in half an hour.
This permit is applicable until the child is 9 months old. Likewise, it is possible to extend the leave until the child is 12 months old, although with a proportional reduction in salary after 9 months.
Parents can request a leave of absence to care for children, which can last up to three years from the birth or adoption of the child. During this leave, workers have the right to reserve their jobs and to be reinstated under conditions similar to those they had before the leave. This is provided for in article 46.3 of the Workers’ Statute.
There is also the right to request a reduction in working hours to care for children under 12 years of age or dependent relatives, with a consequent proportional reduction in salary. In article 34.8 of the Workers’ Statute, where it is stated, it is also indicated that these reductions in working hours will be in proportion to the needs of the worker and the organizational needs of the company.
With Royal Decree-Law 5/2023, a series of measures are introduced within the workplace, modifying what is established in the Workers’ Statute. Among them, a new unpaid leave appears that establishes that workers will have the right to parental leave of a maximum of 8 weeks, continuous or discontinuous, for the care of a minor until he or she turns 8 years old.
You can enjoy this leave both full-time and part-time. Furthermore, it is a permit that constitutes an individual right of workers, this means that it cannot be transferred from one parent to another.
As you can see, all these parental leave are designed to protect the employment of parents, guarantee the well-being of newborns or foster minors and promote gender equality. It is, therefore, essential that both the company and the worker know these rights to properly comply with them.