With the new regulations now in force, we analyze in what cases and how paternity leave can be enjoyed.
One of the major changes in this newly begun year of 2017 is the extension of paternity leave. Since January 1st, new fathers, or those becoming fathers again, have been able to enjoy more time with their partner and their new child, as the law regulating this extension has come into effect.
This new right for workers has had a long journey to come into effect. It was in 2009 that the extension of paternity leave in cases of birth, adoption, or foster care was first mentioned, and its implementation was set for 2011 (Law 9/2009, of October 6). Since then, its implementation has been repeatedly postponed until its final regulation in the 2016 General State Budget Law, which stipulated that it would come into force in 2017. Given the automatic extension of that budget and the lack of subsequent regulations to postpone it again, the extension of paternity leave is now a reality.
But in what cases can this paternity leave be taken and how long will it last?
• In cases of childbirth, adoption, guardianship for adoption purposes or foster care (in accordance with article 45.1.d of the Workers' Statute), the worker will be entitled to the suspension of the contract for paternity for four uninterrupted weeks, extendable in cases of multiple births, adoptions, guardianship for adoption purposes or foster care by two more days for each child from the second one onwards.
Who is eligible for paternity leave?
• In the event of childbirth, the suspension referred to corresponds exclusively to the father.
• In cases of adoption, guardianship for adoption purposes, or foster care, this right will belong to only one of the parents, at their discretion. However, when the leave period is taken in its entirety by one of the parents, the right to paternity leave may only be exercised by the other. (Regulated in section 48.5 of the Workers' Statute)
When can an employee take paternity leave?
• The worker who exercises this right may do so during the period from the end of the leave for the birth of the son or daughter, provided legally or conventionally, or from the judicial resolution by which the adoption is established or from the administrative decision of guardianship for adoption purposes or foster care, until the end of the suspension of the contract for these reasons or immediately after the end of said suspension.
What formula can be used to obtain the permit?
• The suspension of the contract referred to in this permit may be taken on a full-time basis or on a part-time basis of at least 50%, subject to prior agreement between the employer and the employee, and as determined by regulation.
• The employee must notify the employer, in due advance, of the exercise of this right in the terms established, where applicable, in the collective agreements.
This leave is independent and perfectly compatible with the maternity leave of sixteen uninterrupted weeks, extendable in the case of multiple births, adoptions or foster care by two more weeks for each child after the second.
If you have any questions or find yourself in a situation where you need to take or grant this leave, you can contact us. Our labor relations department has the resources to advise you quickly and easily.
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A graduate in Labor Relations from the University of Barcelona, she furthered her training in this field with several specialized courses as a labor relations technician and occupational risk prevention specialist.
She began her professional career at Valeo SL as an administrative assistant. However, she has dedicated her entire career to the world of business consulting.
In 2001, she joined Àmbit Assessor as a labor consultant.
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