know what it is, its benefits and how to apply for it
Paternity leave is an essential aspect of employment today, as family matters take precedence outside the workplace. This is why all workers in Spain have the right to request special leave if they are about to have a child.
In this article, we analyze what paternity leave is, what procedures must be followed, the necessary documents, the time periods for enjoying paternity leave and much more.
What is paternity leave?
It has been proven over the years that children’s development improves when both parents are present from the first days of birth. This is precisely why paternity or maternity leave was implemented, although it is currently known as childbirth and child care benefit.
We are talking about a work permit that allows fathers to take time off from their respective jobs to attend to the needs of their child, as well as to ensure breastfeeding by the mother.
The importance of this benefit is highlighted, among other things, by the equality offered to men and women, who have the right to the same number of weeks off to care for their children.
Spanish legislation regulating paternity leave
Currently, all conditions governing paternity leave are governed by Royal Decree Law 6/2019 . There you can find information about the duration of the leave, the procedure for requesting it, as well as the rights and obligations of both the employee and the company.
As regards the worker, he has the right to enjoy 16 weeks of leave (20 from August 2024) and
during this time he can receive the social benefit for paternity. However, the most important right is that he must be reinstated in his jobs with the same conditions he had before being discharged.
If the contract contains certain clauses that interfere with these rights – such as the provision
of work obligations that cannot be fulfilled during the leave of absence – they cannot be applied, since they would conflict with the legal rights provided for in the decree.
Furthermore, their duties include giving at least 15 days’ notice that permission is required,
so that the institution can take precautions. In addition, the worker must comply with those obligations of his contract that do not conflict with the provisions of the aforementioned decree.
These are the obligations and responsibilities that an employee agrees to when signing a
contract with their employer. They may include specific tasks, work schedules, standards of conduct, and other work-related expectations.
The company has the obligation to accept the leave and continue paying the uae email list economi
benefit to the worker. Although they have the right to replace the employee, they also have the duty to reinstate him once his weeks off are over.
Requirements and procedure for paternity leave
To request or apply for paternity leave you must be an employee in a company how to make a good email invitation? 7 tips to get it right owned or operated by someone else. In both cases, you must be registered with Social Security and be up
to date with payments according to your contribution base.
Now, the next essential requirement is to have a child, either by birth or
by adoption. The company will most likely request some document that proves one of these cases.
It is important to mention that the minimum contribution time to Social Security whatsapp aumber to access the birth and child care permit depends on your age :
- People over 26 years of age must have contributed for a
- minimum of 180 days in the last 7 years before giving birth or 360 days in their entire working life.
- For those aged between 21 and 26, the contribution period
- is reduced to 90 days in the last 7 years before giving birth or throughout their working life.
- Those under 21 years of age do not have a minimum contribution period.
If you meet these requirements, you can request leave, which must be done 15 days in advance unless the collective agreement specifies another period. The company will have to issue a certificate indicating the start date of the break, and this
must be done within a maximum period of 30 days.
You will then have several methods to request paternity leave:
- The application can be made electronically through the official
- INASS website . To do this, you need to have a Cl@ve username and password .
- By regular mail, so you have to download the application
- form and send the relevant documents to the INSS address that corresponds to your location.
- Finally, you can go to one of the INSS offices and make the request directly from there.
What documents are required?
Below, we will tell you which are the general documents that you have to submit in order to be able to take paternity leave:
- Original and copy of the ID of the biological father or mother.
- Proof of registration with Social Security.
- Bank account number where you wish to receive the benefit.
- INSS application form.
- Child’s birth certificate.
- Family book where the child appears.
- Company certificate.