How are paternity and maternity leaves in 2021? Distribution of the weeks, when they are extended and how to request them

The fact that a baby was born on December 31, 2020 or January 1, 2021 makes an important difference. A few days, or even a few hours or minutes, could mean 4 more (or less) weeks off to care for your newborn son or daughter. And it is that from the first day of this year, paternity and maternity leaves have come into force that equal a benefit of 16 weeks for both parents.

The two days off that parents had for the birth of a son or daughter in 2007 are already far away. That is where the origin of paternity leave was born, which was established at two weeks until 2017. Then it was increased to four weeks, and it went to five a year later.

It was in 2019 when the Government approved by decree a progressive increase in paternity leave: in 2019 the weeks of paternity leave were increased to eight; they went to 12 in 2020 and have been updated to 16 weeks in 2021, which means equalizing paternity leave with maternity leave.

This increase in paternity leave means placing Spain at the top of the OECD countries.

How long does paternity leave last in 2021?

Paternity leave from January 1, 2021 is 16 weeks, after being equal to that of maternity leave.

This progressive increase to equalization allows "advance effective equality between men and women" with respect to family care, reports the Social Security magazine. According to data from September, 9 out of 10 people who request leave to care for their son or daughter, foster minor or family member are women.

In addition, several investigations have pointed out that the labor gap widens with the arrival of children, in part, due to the unequal distribution of tasks.

How are the weeks of maternity and paternity leave distributed?

The 16 weeks of paternity and maternity leave are distributed as follows:

In what cases can they be extended?

This period can be extended if certain assumptions are met:

Criticism against paternity and maternity leaves of 2021

Organizations such as the Platform for Equal and Non-Transferable Permissions for Birth and Adoption (PPiiNA) have raised their voices against maternity and paternity leave that "prevent co-responsibility", as they have criticized in a statement.

The organization refers above all to the "traps" that for them suppose the forced simultaneity of the first six weeks and the loss of the right to take all the leave full time.

This means in practice, according to the PPiiNA, that "fathers will not be able to use their permission to take turns with mothers and be in charge of their baby" in those first weeks, which affects co-responsibility in the care of both parents.

In addition, they are critical of the influence of the company when it comes to being able to take the other 10 weeks of leave. The law establishes that the worker must communicate it fifteen days in advance, and also establishes that "the suspension of these ten weeks may be exercised on a full-time or part-time basis, prior agreement between the company and the affected worker, in the terms that are determined by regulation.

Finally, it stipulates that, if both parents work for the same company, "this company may limit the simultaneous enjoyment of the ten voluntary weeks for well-founded and objective reasons, duly motivated in writing."

How much is charged for paternity and maternity leave?

The remunerated amount corresponds to 100% of the regulatory base that is established for the benefit for temporary disability derived from common contingencies.

This means that the working person will keep her salary. If you are self-employed, the benefit will also be 100%, and will be calculated from the six months prior to discharge.

The budget item allocated to cover the extension of these permits is 2,800 million euros, reports the Secretary of State for Social Security.

How much should have been quoted?

To be entitled to paternity or maternity leave, a person must be registered with Social Security and up to date with their payments.

In addition, those under 21 years of age do not have the obligation to have contributed, but others do. If you are between 21 and 26 years old, you must have contributed at least 90 days within the 7 years immediately prior to the start of the permit, or 180 days throughout your entire working life.

For their part, those over 26 years of age see the minimum increased to 180 days within the 7 years prior to the start of the sick leave, or 360 days in their working life.

How can the benefit be requested?

The Secretary of State for Social Security has prepared a guide explaining how to apply for the childbirth and care benefit.

This can be requested in different ways:

In any of these cases, to request the benefit corresponding to the birth of a son or daughter, the following documentation is necessary:

In addition, employed workers must present the company certificate stating the start date of the work break due to birth and care of the minor (unless it has already been sent by the company).

On the other hand, if the reason for the request is gestation by substitution, another must be added to the first three documents (application, identity accreditation and maternity report): the registration of the filiation of the born in the Civil Registry in favor of the principal parent (person who entrusts the gestation of their child to another person) or the registration of the child's affiliation in the Spanish Civil Registry in favor of the principal and the biological mother.

In case of adoption or fostering, in addition to the aforementioned documents, you should bet: