Birth permits, this is how they have evolved since 1980

Two sad days. It was paternity leave -although it was not called that yet- included in article 37b of the 1980 Workers' Statute, which recognized for the first time a right of this type, however insignificant it might be. It is clear that it did not favor conciliation (unless we refer to that of companies with themselves) or the equality of roles or anything of the sort. But it was the first step that Spain took in this sense, although the 27 years that elapsed until the next one make one suspect that it was a facelift -hard- before Europe. The Organic Law 3/2007 for the Effective Equality of Women and Men of the Government of Zapatero established for the first time a paternity leave with face, eyes and 15 days, and the same Executive extended it in 2009 to 28, although such a measure did not It entered into force until 2017 with Rajoy and years of delay due to lack of budget.

Shortly after, in 2018, with the Government in office and budgets also approved by Rajoy, it went from four to five weeks. But it was in 2019 when the Sánchez Administration approved its decree law, which will finally equate, and if circumstances allow, the birth permit of a minor - a new non-heteronormative denomination - for both parents in 2021.

This progressive model is one of the most advanced in Europe: it establishes that as of April 9, 2019, paternity leave would be extended to eight weeks, to 12 on January 1, 2020 and to 16 in 2021, thus achieving total equalization with maternity maternity in Europe and the worst maternity”, Xavier (figurative name), a member of the works council in a multinational based in Barcelona, ​​ironically. With his first daughter, now 4 years old, he took the two weeks allowed by law. His wife gave him part of hers, since the maternity leave was then partially transferable, a quality that she no longer has. According to the platform Igualeintransferibles.com, this characteristic increased inequality: only 3% of fathers allowed their mothers' care time to be transferred.

When he became a father for the second time, nine months ago, Xavier didn't think twice. ''I asked for the two weeks that were compulsory when my second daughter was born, plus the six voluntary weeks. They gave it to me, but they did not put a good face on me. I think that saying that parents are massively taking paternity leave is misleading. Most take the compulsory weeks, yes, but the voluntary ones don't '' he adds.

The same feeling has remained in Diego's body, a worker for another large multinational in the automotive sector. ''They didn't like it, and they even hinted to me if they couldn't take my wife for a reduction in working hours. They can't tell you no, but they make you look bad. Most parents don't use the full leave for fear of retaliation,'' he explains.

Xavier sums it up this way: “We are experiencing what women have experienced up until now: wanting to act as a parent can hold you back in your professional career. If you also take a reduction in the working day, they corner you''.

Sources from the CEOE explained to Yo Dona that "businessmen will accept this measure as they do everything related to workers' rights." But when asked about the reluctance shown by some companies, they state that "the fact that the Spanish industrial fabric is made up mainly of SMEs and small family businesses would require more help from the Administration."

According to Social Security data, in 2017, 268,328 maternity and 264,632 paternity processes were processed. In 2018 there were 252,706 maternity and 255,531 paternity. That more than the second were requested is explained "because there is much more female unemployment, and many women stop working when they are mothers," explains its president, Virginia Carrera, from PPiiNa.

Created in 2005, this association brings together more than 150 organizations and people with a single objective: "Achieve the reform in Spain of the maternity and paternity leave system so that these are equal, non-transferable and paid 100% for any parent ». Although there are still no global data for 2019, between April and December of that year, 185,077 childbirth and childcare benefits were issued by the first parent, usually the mother, and 182,272 by the second (in most cases, the father). Of the first, 2,805 have been shared in time with the second.

From CCOO, Elena Blasco Martín, Confederal Secretary for Women and Equality, warns that "the equalization of equal and non-transferable and paid permits, and therefore, the extension of paternity leave, is a key element of co-responsibility in employment, but not the only one. It must be accompanied by co-education policies that promote said co-responsibility at school and public care services, quality and accessible to all.

In this sense, Xavier also adds that ''many parents don't take all the permission because they don't want to. The regulations exist, but perhaps not yet the culture. This is corroborated by the person in charge of Labor Relations of a mining company who also does not want to give her name: "Here, for many, if the woman does not work or they simultaneously take the permit, in reality they are taking vacations."

According to the Active Population Survey for the fourth quarter of 2019, in Spain there are 2.6 million more women registered as unemployed than men, and these are dedicated to caring for other people in a proportion 20 times higher than men. Hence the importance, according to experts in the field, that the permit is not simultaneous. “It is the way that care is really distributed, roles are blurred and labels are eliminated,” explains Virginia Carrera.

the new permit will have the same duration from April 2021 for both parents: 16 weeks

In addition, she adds, “for a first-time father it is fine to learn together to take care of the minor, but if it is her second or third child, it does not make sense. The logical thing would be that permits could be taken successively to avoid daycare, for example.'' Behind this government position, they add from PPiiNA, there does not seem to be a clear justification.

Understanding the new birth and child care leave is not easy. Its duration is 16 weeks for women and 12 weeks for men -they will be equal from April 2021-, of which four -six from 2021- are mandatory and uninterrupted, and eight -10 from April from 2021- volunteers and enjoy as full weeks until the baby is 12 months old. In case of multiple birth, there are two more days per child.

Belén F. is a lawyer and head of Labor Relations for a German multinational in Spain "where absolutely all the bosses have taken paternity leave." Ella Belén explains that "the non-compulsory part must be communicated to the company at least 15 days in advance and its full or part-time use requires an agreement between the company and the worker." Thus, in many cases, if the company shows reluctance, "in the end it is the employee who ends up bowing his head, you are not going to go to court", illustrates Raúl, an employee of a Madrid SME, who considers that the company should be informed the company in advance, but not having to reach an agreement with it.

The most complicated part is, in any case, the nursing permit, another novelty introduced by the decree law. It is established that both parents can benefit from it until the child is nine months old and from the end of the maternity or paternity leave, and it consists of 30 minutes of reduced working hours or one hour of interruption of the same.

''Exceptionally'', adds the labor lawyer, ''it can be extended up to 12 months if both parents enjoy it in the same way. In this case, there is a right to a Social Security subsidy that is paid to only one of the parents''. You can also opt for compaction, calculating lactation on the employee's working days.

Cumbersome, says the PPiiNA, which also speaks of cheating. “Why has the right to take full-time leave been lost without an agreement with the company? Why so much flexibility to take the permit for weeks, even single weeks, but many obstacles to take it en bloc, full time, or taking turns between parents? ”, Launches Carreras. Thus, he adds, "since the rule was implemented we have seen parents who take all the leave after the birth so as not to have administrative problems, others who take the voluntary part at Christmas, so as not to face problems with the company, couples who cannot take turns due to the royal decree and women who have to take reduced hours and leave of absence. The law prohibits parents from taking turns during the mandatory weeks and at the same time allows companies to schedule their leave''.

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