Maternity and paternity are significant moments in people’s lives, which is why the legal and social system provides a series of rights and benefits in cases of birth and childcare.
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 leaves in cases of birth and childcare are the following:
Maternity leave lasts for a total of 16 weeks. These weeks are distributed as follows:
During maternity leave, the mother is entitled to an economic benefit equivalent to 100% of the regulatory base. This benefit is intended to compensate for income loss while the mother cannot work.
Workers on maternity leave are protected from dismissal from the beginning of pregnancy until the end of maternity leave. If a dismissal occurs during this period, it is considered null and void, except in very specific cases justified by reasons unrelated to pregnancy or maternity.
Meanwhile, paternity leave has undergone recent reforms to encourage greater involvement of fathers in childcare. It currently lasts for 16 weeks, distributed as follows:
During paternity leave, the father is entitled to an economic benefit equivalent to 100% of the regulatory base. This benefit, like maternity leave, ensures the father can actively participate in childcare. Likewise, during paternity leave, there is also protection against dismissal.
In addition to the above, there are other parental leaves related to birth and childcare. Some of the main ones include:
Breastfeeding leave, regulated in Article 37.4 of the Workers’ Statute, grants both parents the right to take one hour off work, which may be divided into two parts, or to reduce their working day by half an hour.
This leave applies until the child reaches 9 months of age. It may also be extended until the child turns 12 months, although with a proportional salary reduction after 9 months.
Parents may request a leave of absence for childcare, lasting up to three years from the child’s birth or adoption. During this period, employees are entitled to have their job position reserved and to return under similar conditions as before. This is established in Article 46.3 of the Workers’ Statute.
Employees also have the right to request a reduction in working hours to care for children under 12 years of age or dependent relatives, with a corresponding reduction in salary. According to Article 34.8 of the Workers’ Statute, such reductions must balance the needs of the employee with the company’s organizational requirements.
With the Royal Decree-Law 5/2023, a series of labor measures were introduced, modifying the Workers’ Statute. Among them is a new unpaid parental leave granting employees the right to take up to 8 weeks of leave, either continuously or intermittently, to care for a child until they turn 8 years old.
This leave can be taken on a full-time or part-time basis. Additionally, it is an individual right of each employee, meaning it cannot be transferred from one parent to the other.
As you can see, all these parental leaves are designed to protect parents’ employment, ensure the well-being of newborns or adopted minors, and promote gender equality. It is therefore essential that both companies and employees understand these rights to ensure their proper application.
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