The government has included the progressive extension of paternity leave to 16 weeks in the decree law of urgent measures to ensure equal treatment between women and men in employment, which it plans to approve in the coming weeks and whose draft has transferred to the agents social. The document, to which Efe has had access, establishes a paternity leave of eight weeks from its entry into force (the day after its publication in the Official State Gazette), which will increase to 12 weeks from January 1, 2020 and to 16 weeks from the first day of 2021.
In this way, from 2021 both parents will enjoy equal, non-transferable and paid leave, with a license of six uninterrupted weeks for both at the beginning and another 10 weeks for each to be distributed until 12 months from birth or adoption. The first six weeks will be enjoyed full-time, while the other 10 may be distributed full-time or part-time throughout the first year of life (or adoption) of the child, but may not be transferred to the other parent.
As an incentive, if both parents enjoy them equally, they may extend the period of leave in one more week each. The draft extends this permission in cases in which the newborn must remain hospitalized after being born "in as many days" as he is admitted, with a maximum of 13 additional weeks.
This decree modifies both the Workers' Statute and the Basic Statute of the Public Employee, so that the workers of the Administration will also be subject to this extension of paternity leave, with the same gradual scale, as well as the possibility of enjoying both parents of the lactation permit.
The norm extends the lactation permit also to the other parent, so that both will be entitled to one hour of absence from work -which they can divide in two half hours- until the child reaches nine months. It is also possible to accumulate this reduction in full days, that can be enjoyed simultaneously but that are not transferable between both parents, with the incentive that if both exercise this right equally, it can be extended until the infant reaches the year, but with a proportional reduction of the salary from nine months .
A salary record in companies
Another novelty is that all companies will be required to keep a salary record with the average values of salaries, salary supplements and extra-salary perceptions of their workforce. They must be disaggregated by sex and distributed by professional groups, professional categories or jobs of equal value. Workers will have the right to access the salary record of their company.
It will be presumed that there is wage discrimination when, in a company with at least 25 workers, the average remuneration of workers of one sex is higher than the other by 25% or more, taking the whole of the wage bill or the average of the salaries. perceptions satisfied, unless otherwise justified for reasons unrelated to the sex of the workers.
The decree also includes the obligation for companies with more than 50 employees to draw up and apply an equality plan, which until now was only mandatory for companies with more than 250 employees. The plans should include evaluable measures aimed at eliminating obstacles that impede effective equality.
Companies with 50 to 250 workers will have one year from the entry into force of the decree to voluntarily draw up the equality plan, which will be mandatory when that deadline is met. A register of equality plans of the companies dependent on the General Directorate of Labor is created, while the autonomous communities will create theirs.