Duration of paternity leave.

In 2021, paternity leave will be equal to maternity leave.

Until March 31, 2019, paternity leave consisted of five weeks, four of which were taken consecutively, and the fifth week could be taken later, if agreed upon with the employer. In addition, the employee was entitled to two or more days of paid leave for the birth of a child, as stipulated in Article 37 of the Workers' Statute.

Starting in April , with the publication of Royal Decree 6/2019 of March 1, a transitional period begins for the extension of paternity leave to 16 weeks in 2021 , making it equal to maternity leave.

Thus, with effect from April 1, 2019, paternity leave was extended to 8 non-transferable weeks for births occurring from that date onwards, 12 weeks in 2020 , and 16 weeks in 2021.On the other hand, the two-day leave for the birth of a child under Article 37.3 b) Workers. If this leave was included in a collective agreement, it should be understood that it would apply. However, the Social Security offices (INSS) are indicating that the qualifying event begins with the birth of the child, and therefore no days of leave for birth should be taken into account, even if the collective agreement stipulates otherwise, since Article 37.3 of the Workers' Statute has been modified in such a way that it no longer includes the birth of a child.

In any case, in order to access paternity benefits in the different forms, the applicant must meet the requirements set by law.

If you have any questions about modifying the duration and conditions of paternity leave, the Labor Area of ​​Àmbit Assessor is at your disposal to provide further information or assess your case in a personalized way.

You can contact us via email at ambit@ambitassessor.com or at our offices.

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Marta Claudia Jabares

Labor consultant at Àmbit Assessor

She studied Accounting and Taxation at the AELLA study center and Labor Relations at the Afige business school, later specializing in Payroll Management at the Barcelona College of Social Graduates. Her professional activity focuses on business consulting, in which she has extensive experience. In November 2007, she joined the Àmbit Assessor team, where she currently works as a Labor Consultant.

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