January 19, 2021

The Government delays again the entry into force of the extension of paternity leave

The Government delays again the entry into force of the extension of paternity leave


The Royal Decree-Law on urgent measures to ensure equality between women and men in employment, which includes the extension of paternity leave to the level of maternity leave in 2021, will not enter into force at least until Friday for a new delay in its publication in the Official State Gazette (BOE). According to sources of the Vice Presidency of the Government, this delay is due to an "error in the text that could not be corrected in time" and that must be corrected.

Initially, the Government informed that the decree law would be reflected in the Official State Gazette on Tuesday, March 5, with the objective of entering into force on Wednesday. However, the decree was not published and the same sources claimed that it would be done this Wednesday, something that has not been fulfilled either. To be published this Thursday, day 7, could come into force on Friday, coindiendo with International Women's Day.

The royal decree-law approved last Friday in the Council of Ministers includes the extension of paternity leave to 8 weeks this year, 12 weeks in 2020 and 16 weeks in 2021, when it would be fully equated with maternity leave.

It also includes the recovery of social contributions for caregivers of dependent persons and the obligation to publish salary tables and draw up equality plans for companies with more than 50 employees, among other measures.

In any case, the decree law has received the green light and, consequently, paternity leave for officials and workers in the private sector will gradually increase until 2021, when they will have equal, non-transferable and paid leave of 16 weeks.

Currently it is of five voluntary weeks and two days (or four if displacement is necessary) mandatory. The obligatory nature will also be gradually extended for the parent other than the mother: the first two uninterrupted weeks after delivery will be compulsory in 2019; four will be in 2020; and six in 2021. They will be enjoyed "full-time".

This point has triggered criticism from family associations. The Platform for Equal and Untransferable Permits (PPiiNA) celebrated the extension of the permit, although it warned of the "traps", in reference to the simultaneity of the first six weeks, which "can lead to women taking care of much more and for much longer," spokeswoman Maria Pazos told Europa Press.

The Feminist Mothers Platform for the Extension of Transferable Permits (PETRA) also stated that it was a "patriarchal law, since it increases the privileges of men while negating motherhood as a fundamental social contribution and as something specific to women ".


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