Paternity leave: how long it lasts from 2021

This is how we knew it until now, but, as of January 1, 2021, the previously called “paternity leave«, It is renamed» Permission for the birth and care of a minor «. This license will have a total duration of sixteen weeks of which The first six will be compulsory, uninterrupted and full-time after the birth or the resolution of adoption, custody or foster care. We detail you the main changes that come into effect from early this year.

Mandatory six-week paternity leave starting in 2021

Once the time that is considered necessary for the recovery of mother’s health this would be completed with the rest of the weeks of the permit. The next ten weeks can be enjoyed during the son or daughter’s first twelve months. It can be done by putting them all together, cumulatively, or interrupted, but always within the first year of the creature.

An important point in this part is that This remaining ten-week permit must be agreed with the company and can be used both in full and part time. The worker will have to request this non-compulsory permit from the company fifteen days in advance.

Another feature of this modification that must be taken into account is that You will not be able to enjoy more than one permit in the same working person for the care or birth of the same minor. This means that, in the case of a single mother the permissions of two parents could not be added.

mandatory six weeks from 2021

Why is it important that the permit is mandatory and non-transferable?

Thanks to the Royal Decree of March 1, 2019 on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation, permission for birth and care of minors would be progressively increased until achieve equal leave time and be non-transferable for January of this year.

These characteristics are important to advancing equal employment opportunity for the following reasons. The law guarantees that a company cannot fire a woman for being a mother. However, and unfortunately, although less and less occurs, this type of discrimination continues to occur. it ends up being resolved in a court.

The equality and the obligation in the time that the birth and care leave will be enjoyed makes that, when assessing the hypothetical circumstantial loss for the company that the absence of a worker or worker may mean, this does not lead to discriminatory treatment of women. By virtue of these characteristics, either parent will be absent for six weeks for this reason.

The fact that permission cannot be transferred it is also important. Due to the type of sexist culture that still survives in some companies it is not well seen that parents voluntarily take paternity leave, beyond a few days (the allowed before 2007 was only two days). As it is compulsory and cannot be given in favor of the mother, this problem disappears.

A law for the diversity of families

Another novelty is29 the change in the concept of “paternity”. Named as “the other parent”, the law reflects the progress in society in terms of the diversity of types of families. Thus, the need for newborn care is put at the center regardless of the sex-gender of their parents or whether the right is acquired by birth or by being an adopter, guardian or foster person.

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