Paternity leave is a subsidy that workers who have been fathers have and that they receive during the days that are legally established for the birth of a child, adoption or foster care . Currently, the permit is for eight weeks , after an extension of it came into force on April 1 that was approved by the Council of Ministers just one month before, that is, on March 1.
Likewise, the weeks of leave are expected to continue to increase over the next two years. In 2020, as of January 1, parents would have a total of 12 weeks. It would reach 16 from the first day of the year 2021. In this way, it is intended that Spanish parents have a paternity leave similar to the rest of the countries of the European Union , since in this way the average would be reached .
WHAT IS THE NEW PATERNITY LEAVE?
Since last April 1, all those men who have been fathers after that date can enjoy more time on their paternity leave . In total there are eight weeks that have been approved as an extension, but it will not be necessary to take them all in a row, since the way in which they can be enjoyed is also regulated.
The first two weeks of paternity leave it is mandatory to enjoy them , uninterruptedly, in the two after delivery, foster care or adoption. After these, the other six can be caught in an interrupted way . In this case, the period to take them will begin once the postpartum break ends, until the son or daughter is 12 months old, so it can be enjoyed once the 16 weeks that correspond to the mother are over. On the other hand, it is a non-transferable premise , so that all those weeks that are not enjoyed may not be transferred to the mother, which is not the case with the weeks available to the mother , which can be transferred. Likewise, the permit will be paid 100%.
HOW DO YOU REQUEST PATERNITY LEAVE?
When a man is a father and wants to request paternity leave, he has to request it at Social Security . To do this, you must submit the paternity report from the health service, the leave request sent to the company and the official form of the paternity request. In addition, it is necessary that when the new father goes to request this permit, he carries with him the last payroll, a photocopy of the National Identity Document, the updated family book and a receipt from the bank in which the withdrawal payment will be paid.
It is important to have everything ready so that, as soon as you have the child, you can start with the procedures. In addition to being more comfortable for the parent, the company can know in good time that it will take the leave to reorganize. It is also important to know that the collection will take place after the second week of the month following the generation of the right. Then, you will continue to receive 100% of your salary and it will be exempt from income tax .
WHEN CAN IT NOT BE REQUESTED?
Paternity leave always corresponds to parents who have a child biologically. However, in the case of children who are adopted or fostered, the legislation changes. When you have children in this way, it is necessary that the adopted or foster person is not older than six years for the father to be able to apply for this subsidy.
Even so, not all cases are the same and there is a possibility to request paternity leave when the foster or adopted minor is over six years old. For this, it must be the case that he has an accredited disability of a degree equal to or greater than 33% . It may also be the case that, due to their personal circumstances and experiences or because they are a foreigner, they have difficulties to be able to adapt both socially and in the family environment. For this to be valid, such a situation must be accredited by social services. Likewise, in both situations it is a requirement that the child does not exceed 18 years of age .
PATERNITY LEAVE IN THE SELF-EMPLOYED
In the case of parents who are registered as self-employed , the weeks of receipt of the paternity allowance is the same as for the rest of the workers. That is, they will continue to have the eight weeks in the same conditions as the others. Where appropriate, the benefit will correspond, in most cases, to the minimum contribution base . So that there are no problems when it comes to accessing paternity leave, it will be necessary for the father to be up to date with the payments of the self-employed fee.