Royal Decree Law 6/2019, of March 1, on urgent measures to guarantee equal treatment and opportunities between women and men in employment.
With the entry into force of the Royal Decree Law, the name of the “breastfeeding leave” is changed to “leave for infant care”, becoming a right of both parents and complemented by the new “benefit for co-responsibility in the care of the infant” when - with a proportional reduction of salary - it is extended from nine to twelve months of the infant.
What forms of leave for infant care are established?
– One hour of work per day until the child turns nine months old , or a half-hour reduction at the beginning or end of the workday during this period. Both parents will maintain 100% of their pay, which will be covered by the company.
– When both parents, adoptive parents, guardians or foster parents exercise this right for the same duration and under the same conditions, the period of leave for infant care can be extended until the infant reaches twelve months of age, with a proportional reduction in salary from the age of nine months (which is complemented by the new "benefit for co-responsibility in the care of the infant").
The so-called "shared responsibility allowance for infant care"covers the salary reduction if both parents take leave to care for their child between 9 and 12 months. However, this allowance can only be received by one parent, who will maintain the same contribution base for certain social security benefits during this period.
– Accumulation of leave, which can be carried out by the worker as an alternative to the reduction of half an hour at the beginning or end of the day and in the absence of a split hour.
How is the accumulation calculated?
The accumulation of full days off will be calculated based on the hour of absence, not the half-hour reduction in working hours. Many collective bargaining agreements already stipulate a number of days without requiring calculation.
In the absence of collective regulations, to calculate the accumulation, all working days (excluding public holidays and vacation days) from the return to work until the day before the child turns 9 months old must be taken into account, counting 1 hour each day, and converting these hours into days according to the employee's working hours (8 hours/day for full-time work).
Regarding the 9 to 12 month period, the accumulation of the permit is still pending regulation.
The duration of leave will be increased proportionally in cases of multiple births, adoptions, foster care for adoption purposes, or multiple placements. In these cases, the leave may also be accumulated.
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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