March 1, 2021

Parents of babies born from January 1 will have 12 weeks of paternity leave – La Provincia


From January 1, 2020, the other parent other than the birth mother will have 12 weeks permit by birth of son or daughter. Thus, next year the paternity leave will last four weeks longer than in 2019, when there are eight.

This extension of the paternity leave came into force last April through Royal Decree-Law 6/2019 on urgent measures to guarantee the equal treatment and opportunities between women and men in employment and occupation approved by the Government of Pedro Sánchez.

This permission, 100% paid, will be untransferable, so if the father does not enjoy it, he cannot give it to the mother. Of the 12 weeks of leave in 2020, the first four must enjoy them uninterruptedly immediately after delivery; and the remaining eight weeks may be of interrupted enjoyment and exercise from the end of the compulsory rest after delivery until the son or daughter turns one year old.

As established by the approved measure, the first weeks after delivery must be enjoyed continuously, so that the parents are forced to combine them. This inability of parents to take turns has generated critics between associations and also in Unidos Podemos.

Given this fact, the PSOE included the commitment to modify “those current obstacles that hinder the non-simultaneity” of these permits “in its proposal for a common progressive program for the 10N elections.

It will cost 336 million euros

The extension of the paternity leave to 12 weeks in 2020 will cost 336 million euros more to the State, according to calculations that the Government included in the Budget Plan sent last October 15 to Brussels.

The Government has already made an estimate of the cost of this measure in the Report of the Regulatory Impact Analysis on the Royal Decree Law. According to this analysis, once the 12 weeks of paternity leave were implemented in 2020, the overall cost of this permit and maternity will suppose 705 million annually for the State. Another 166 will cost companies, as a result of business fees.

When the royal decree entered into force, in April 2019 the paternity leave went from five weeks to eight. Specifically, in the Budget Plan sent to Brussels, the Government estimated the cost of paternity leave at 252 million, after the extension of three weeks of leave since April. According to the Government’s analysis, the extension of the permit would imply for the State a total cost of maternity and paternity benefits of 226 million, and for the companies about 53 million.

As stated in the text, paternity leave will be extended progressively: rose to eight weeks in 2019; and will rise to twelve in 2020 and to 16 in 2021, thus equating maternity. In the Report of the Regulatory Impact Analysis on the Royal Decree Law, it is expected that the expense for these benefits will rise to an increase of 1,107 million in 2021 and up to 261 million in relation to companies.

Once equated, the first six weeks after delivery will be mandatory and uninterrupted, and the remaining ten that each parent will have will be distributed until the baby turns one year old.

120,973 maternity benefits and 150,750 paternity benefits

As of September 2019, 120,973 benefits of first parent (maternity) and 150,750 of second (paternity) have been registered. These figures are derived from the latest statistics of the Ministry of Labor.

As these data reflect, there are more men charging this benefit than women, something that can be attributed to they have higher employment and occupation rates so they can meet the requirements to access more easily than women, as highlighted by UGT.

On the other hand, the number of leave It has increased by 4.8% compared to September 2018. In the case of those perceived by women, they have grown by 3.99% and in those of men, by 12.12%.

In order to apply for paternity leave, it is necessary to be affiliated and registered with Social Security. In addition, the parent is required to have a contribution period of 180 days covered within 7 years immediately prior to the start date of the suspension period or, alternatively, 360 days quoted throughout your working life, prior to the mentioned date.

Paternity leave has a more recent trajectory than maternity leave. It appeared for the first time in Organic Law 3/2007, of March 22, for the Effective Equality of Women and Men, which defined it as “a individual and exclusive right of the father, which is recognized both in cases of biological paternity and in those of adoption and foster care. “

Until then, the rights of the father were collected by article 37b of the Workers’ Statute, approved and published in the Official State Gazette for the first time in 1980. He recognized the right of the father to two days, which were expandable to four in the case of “serious death, accident or illness, hospitalization or surgical intervention without hospitalization requiring home rest, of relatives up to the second degree of consanguinity or affinity”.

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