New maternity / paternity permit. How does it apply?

Are you pregnant or have you been a father or mother recently and have not yet applied for the benefit? 

From the Labor Department of Balms Abogados, we will specifically address the new changes in this regard, such as, for example, that the maternity or paternity leave is renamed “BIRTH BENEFIT”.

The aim of this new regulation is to equate maternity and paternity leave to 16 weeks each in 2021.

How will this transitory period be applied?

This measure will be implemented progressively, beginning with births that occur as of April 1, 2019. The parent may request paternity leave for 8 weeks, of which, the first 2 must be immediately following the birth and the remaining 6 can be enjoyed consecutively or at any time within 12 months of the baby’s life. The biological mother can grant the other parent a period of 4 weeks.

As of January 1st 2020, paternity leave will be of 12 weeks, of which, the first 4 must be enjoyed immediately after the birth and the biological mother may assign the other parent up to 2 weeks of their rest period.

As of January 1st 2021, maternity and paternity leave will be equate in 16 weeks, of which the 6 first weeks after the birth are mandatory for both parents.

The permissions are non-transferable to the other parent and, 6 weeks after the birth, they can enjoy this period as part-time, full time and the great novelty is that they can also enjoy it in weekly periods of accumulated or interrupted at the employees’ request, being able to enjoy it until the child is 12 months old. Also, they have anticipated that the mother could anticipate the exercise of the permit until four weeks before delivery.

In the event that both parents request voluntary leave for childcare, how long is the reservation of the job? The new rule extends the right to reserve the job in 18 months compared to a year planned to date.

Requirements to be able to access paternity leave.

• Be registered in social security.
• Have contributed a minimum of 180 days during the 7 years prior to the start of the permit, or failing that, 360 days throughout the working life.

How to request this benefit?

The benefit is requested before the INSS (National Institute of Social Security).

If you need help on how to manage it, click here to contact a dedicated professional.

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