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Labor, 20/09/18

Can I split the 5 weeks of paternity leave into shorter periods?


 

Amendment of article 48.7 of the Consolidated Text of the Workers' Statute Law, approved by Royal Legislative Decree 2/2015, of October 23.

 

Following the publication of the General State Budget on July 3rd, and effective from July 5th, the right to paternity leave has been extended from 4 to 5 weeks, which can be further extended in cases of multiple births, adoptions, foster care for adoption purposes, or multiple foster placements by two additional days for each child after the first.
The main points to consider for its application are the following:
– Paternity leave should not be confused with paid leave for the birth of a child, which will be 2 to 4 calendar days depending on the applicable collective bargaining agreement.

 

– The time for enjoying paternity leave can be either after the paid leave for birth, while maternity lasts, or immediately after it.

 

– The leave must be taken continuously except for the last week, which, by prior agreement between the employer and employee, can be taken at any other time within the 9 months following the child's birth. If the employee wishes to take the fifth week at another time, the agreement must be reached at the start of the leave.

 

It can be taken part-time. Paternity leave will be for a minimum of 50% of working hours. This must be agreed upon between the company and the employee. The chosen working hours arrangement must be the same for the entire suspension period, including, if applicable, the last week taken independently.

 

 

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