15 questions (and answers) about the rights at the work of fathers and mothers 9 comments

Updated information in June two0two1

Pregnant women and fathers and mothers with minor children have certain labor rights to reconcile family and work life.With the law in hand, we resolve the most common doubts about the rights at the work of fathers and mothers.

1.Should we say that you are pregnant at work?

The law does not force to notify pregnancy on a specific date.However, when there may be some health risk of the pregnant woman or the baby, it is convenient to communicate it as soon as possible for the company to adopt measures prevention of occupational hazards and if necessary it changes the job of the worker.If it is not possible and there is still risk, the risk contract can be suspended during pregnancy and 100% of the regulatory base is charged.You have more information in the article labor rights of pregnant women.

two.Can you make childbirth at work hours?

Yes, if there is no other option.

The Occupational Risk Prevention Law and the Statute of Workers say that “pregnant workers can be absent from work to carry out prenatal exams and childbirth preparation, provided they notify the company and justify the need to make these medical visits insideof your workday ".

3.What options are there to enjoy the child's birth permission?

Both parents have 16 weeks of permission by birth of sonque are extended in a week (for each parent) in case of disability of the child and by each child for adoption, foster multiple birth.If the family is single -parent, the decrease is widely widened in these situations.

The first 6 weeks should be taken as soon as the baby is born.This was always done for the mother to recover from childbirth., and by matching permission for parents, the same condition has been put.The remaining 10 weeks can be enjoyed throughout the first year of the baby's life

From the seventh week, maternal leave can be taken full time or part -time, that is, one part of the day is worked and the other is enjoyed as part of the permit.Thus the permission is folded, for example if the mother joins the work partial at time in week 10, the 6 weeks that are converted to 1two part -time.

In case of adoption, the permit can be taken four weeks before the adoption if you have to move to the country of origin of the minor.

You can expand information in this article about the child's birth permission.

4.How much is charged during the child's birth permission?

During the child's birth permission, 100% of the regulatory base is charged, which is in a great way, the daily amount that is obtained from dividing the gross salary into 30 days.You can expand information on the article how to request the benefit by the birth of the Internet.

Following a Supreme Court ruling on the retention of IPRF in maternal decline, indicating that it must be exempt, Social Security has stopped retaining IRPF in motherhood and paternity benefits.

5.Can you say goodbye while I am enjoying permission for my son?

Nope.The dismissal during pregnancy, the permission for the birth of a child, the permit for the care of an infant child and the reduction of the day is considered null if there are no justified causes.In case of ERE, there are different opinions, but there are sentences, for example, that the ERE is no excuse to fire a pregnant woman

6.If unemployment is being charged, is there the right to permission for the birth of a child?

Yes, provided the contribution requirements are met.

When the baby is born, the unemployment benefit paralyzes and begins to collect the benefit for the birth of a child.You have to communicate it to the unemployment office and when they finish 16 weeks off, you can resume unemployment where it was interrupted without losing a day of benefit.You can expand information in this article about how to request the benefit by birth of a child when they are unemployed.

7.Is there any special right if the baby is premature or is sick?

When the baby has to be admitted after childbirth because it is premature or sick, parents have the right to absent one hour a day of work while admitted.

In addition, after 7 days of admission, the child's birth permit is extended in as many days as the baby has to be admitted, with a maximum of additional 13 weeks.

8.What happens if the holidays coincide with the permission for the birth of a child?

If childbirth occurs during the holidays, or you are not yet started enjoy.

In addition, as indicated above, part of the permit can be taken fractionally until the baby turns 1two months.

9.How is the permission for the birth of the Son of the Autonomous?

Autonomous workers have the same rights as employed workers.In your case, to calculate the child's birth permit, the price bases of the previous six months are taken into account.During the decline the autonomous fees are not paid.

You can expand information in this article about the maternity and paternity permits of the self -employed.

10.What options are taking for the permission for infant child?

The two parents have the right to a permit paid for infant child until the child is 9 months old and if they wish later, to expand it up to 1two months with the proportional reduction of salary (although a social security provision can be requestedthat compensates for the loss for one of the two).

You can take an hour within the working day or reduce the day in half an hour at the entrance or departure.

There is also the option to accumulate permission in entire days.

There are sentences that indicate that breastfeeding has the same protection as pregnancy at work, if work is dangerous for the mother.

You can expand information in this article about the permit for the care of infant child.

eleven.Can you choose the schedule when asking for a reduction in working hours?

Both the father and the mother of a 1two -year -old have the right to ask for a reduction in working hours, from an eighth to half, with proportional salary reduction, for child care.There are sentences that indicate that in the reduction of day the worker has the right to decide the schedule.

1two.If they say goodbye while reducing the day, how is compensation calculated?

During the reduction of working hours for children the worker continues to quote full -time.Therefore, if they fired you while reducing working hours, for example in an ERE, for the calculation of compensation (and unemployment benefits) the full -time contribution bases will be taken into account

13.What rights are during leave

Both the father and the mother can ask for an leave (permission without salary) until the child turns 3 years.

During that time, social security continues to be quoted for retirement, permanent disability, death and survival benefits, maternity and paternity.

During the first year of leave (fifteen months in large families of a general nature and 18 months in large families of special category) the company has to reserve the same job.Then, I will have a job in the same professional group or equivalent category.

14.What options are there when a child gets sick?

La ley da dos días (cuatro si hay que desplazarse a otra comunidad autónoma)por enfermedad grave u hospitalización de hijos, pero cuando un niño tiene una enfermedad grave o crónica que requiere un ingreso hospitalario de larga duración o cuidados permanentes (como ocurre por ejemplo con la diabetes), uno de los padres puede pedir una reducción de jornada que debe ser como mínimo de la mitad.In these situations, Social Security pays the income that is lost by reducing the day.You can expand the information in the article on the provision by reduction of day by child with ill with chronic disease.

fifteen.What situations are entitled to paid hours or days

In addition to the situations mentioned above, paid days can be taken for:

You have more information in the article paid labor permits

YOU MAY ALSO LIKE