This is how maternity and paternity leave will be in 2022

We have been observing an upward trend in the increase in the duration of maternity and paternity leave in recent years, reaching the point that right now there is a proposal on the table to extend it to 6 months by 2022. The latest news suggest that this action has been left out of the General Budgets, so for now we must wait.

However, this law greatly favored families, and especially mothers, since it allowed them to continue with the breastfeeding period recommended by the WHO (6 months).

This will be the aid of 100 euros per dependent child that will arrive in 2022

Maternity and paternity leave 6 months, what data do we have?

This proposal, which as we say, has been left out of the General Budgets, was characterized by the following:

1. Extension of maternity and paternity leave to 6 months.

2. Single-parent families could accumulate both leaves, that is, one year.

3. Pro-parenting benefit, to promote the increase in birth rates.

But, as we say, for now we must wait to see what happens in the future and if it will finally come to fruition, because it is currently a proposal that has been left out of the General Budgets for 2022, therefore its entry into force is in danger.

What is maternity/paternity leave and how long does it take?

It is a subsidy given to workers who suspend their employment contract or cease their activity when they have a child, adopt or foster. They can enjoy sick leave during the legally established days, its duration has varied in the last year.

The latest extension, effective from January 1, 2021, affected paternity leave, raising it to 16 weeks for births from that date (previously it was 12 weeks). This led to matching it to the time enjoyed by the mother, also 16 weeks.

The first six weeks of leave must be taken after childbirth. The mother may anticipate this period up to four weeks before the expected date of delivery.

The rest of the weeks can be postponed depending on the family organization and after the end of the mandatory rest that we mentioned, whose time limit is until the son or daughter turns 12 months old. This leave is 100% paid and will be non-transferable, so if the father does not enjoy it, he will not be able to assign it to the mother. For her it is mandatory and non-transferable.

A minimum of 50% can be enjoyed on a full or part-time basis, of course, prior agreement with the company. In addition, it is compatible with and independent of the shared enjoyment of maternity leave periods.

The proposal for paternity and maternity leave to be extended to 6 months is on the table, but it is in danger as it has not entered the General Budgets for 2022

How to apply for maternity or paternity leave

At the moment it is not possible to request maternity leave for 2022, but taking into account the current information, here are the steps:

1. Through the Internet: you need a digital certificate or electronic DNI and access to the "Your Social Security" portal.

2. In person: you must request an appointment at the National Institute of Social Security (INSS) and submit the application. The documents that are required are the family book, the mother's or father's DNI (depending on who requests it) and the company certificate for sick leave to appear. In addition, the applicant must bring other documents that allow further information, such as the large family card.

In any of the cases, a maximum of 30 days is established for the Managing Entity to contact the applicant.

Currently, maternity and paternity leave is 16 weeks / Pexels

Who pays for maternity or paternity leave?

During sick leave, the INSS is the one that pays workers a benefit for temporary disability derived from common contingencies. The worker's social security is deducted from this. It is 100% of the regulatory base, which is taken as a reference to the contribution base for common contingencies of the month prior to the drop.

In the case of being self-employed, it is no different from the rest of the workers. The paternity benefit is equivalent to 100% of the regulatory base, which in the case of self-employed workers generally corresponds to the minimum contribution base. It is essential to be up to date with the payment of contributions.

Currently, and with a view to 2022, the proposal for paternity and maternity leave to be extended to 6 months is on the table. In 2021 it has been paralyzed by the general budgets.