Both the Workers' Statute and the General Social Security Law were amended by Royal Decree-Law 06/2019. Our legal system no longer refers to maternity and paternity leave; these suspensions of the employment contract and their consequent benefit have been renamed: "Birth and childcare."
We have dedicated several articles to paternity leave and the various modifications it has undergone. Please see the latest one we published.
This time, we will list the main questions that arise with the new and future permissions of the "parent other than the biological mother":
1.- ¿For how long is the contract suspended??
The thirteenth transitional provision of the ET contemplates a progressive application of this suspension, establishing the following:
- From April 1, 2019: the suspension of the contract due to birth lasts for 8 weeks, of which the first 2 must be taken uninterruptedly immediately after the birth.
- From January 1, 2020: the suspension will be for 12 weeks, of which the first 4 weeks will be uninterrupted.
- From January 1, 2021: the suspension will be 16 weeks, of which the first 6 must be taken uninterrupted.
Except for the weeks that must be taken uninterruptedly immediately after childbirth, the remaining weeks are a right and not an obligation, therefore they can be waived.
2.-How and when can I take advantage of the non-mandatory weeks??
Article 48 of the ET establishes in relation to the non-mandatory weeks that "they may be distributed at the will of the parent, in weekly periods in an accumulated or interrupted manner, on a full or part-time basis, and exercised from the end of the mandatory suspension after childbirth until the son or daughter reaches 12 months of age."
Therefore, it is the parent, in principle, who decides how to exercise this right. However, the article adds: "The use of each weekly period or, where applicable, the accumulation of such periods, must be communicated to the company at least fifteen days in advance."
If both parents exercising this right work for the same company, the company management may limit their simultaneous exercise for well-founded and objective reasons, duly justified in writing.
If you require our assistance to obtain more information or have any questions, please contact us via email at ambit@ambitassessor.com or at our offices.
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A graduate in Labor Relations from the Rovira i Virgili University of Tarragona, she began her professional career at the temporary employment agency Alta Gestión as head of recruitment, a position she later held at Marlex Gestió. She then joined Bufete Gatsa as head of the labor department. In June 2014, she joined Àmbit Assessor, SL to head the labor management department.
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