Changes in maternity leave: now it can be taken in installments in weeks until the baby is 12 months old 75 Comments

The extension of paternity leave in April 2019 has caused some changes in the way maternity leave is enjoyed. For example, as is the case with paternity leave, maternity leave can now be taken in installments during the first year of the baby's life. But there are more changes that should be known in order to enjoy it in the way that most interests you.

Duration of maternity leave and deadlines to enjoy it

Working mothers are entitled to 16 weeks of paid maternity leave for the birth, adoption or fostering of a child, which is extended by one more week (two if the mother and the baby form a single-parent family) in the event of the child's disability and for each child. in adoption, foster care or multiple birth.

These changes are included in article 12 of Royal Decree-Law 6/2019, of March 1, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation: and have been added in article 48 of the latest update of the Workers' Statute (article 48).

How many weeks can be assigned to the father?

In 2019, 4 weeks can be assigned to the father, in 2020, 2 weeks can be assigned, and in 2021, when the duration of the paternity leave is expected to be equal to that of the mother, none can be assigned anymore.

Now maternity leave can be enjoyed divided into weeks until the baby is 12 months old

Another novelty, since April 2019, is that in the event that both parents work, once the six weeks following the mandatory rest delivery have elapsed, the remaining 10 weeks of leave can be enjoyed in an interrupted manner until the baby turns 12 months.

Now, if the sick leave is taken in an interrupted way, it must be done for full weeks and notify the company every time they are going to be taken at least 15 days in advance.

It is a peculiar option, because mothers usually prefer to take all the time in a row to be with our baby as long as possible, since it is very difficult for us to leave him in the care of another person to return to work, but it may be useful in certain circumstances. personal or family

Also, if an agreement is reached with the company, these 10 weeks can also be taken part-time. That is, the 10 weeks could turn into 20 part-time weeks.

How do you apply for maternity leave?

Maternity leave is requested at the offices of the National Social Security Institute (INSS).

To request it, you must bring your DNI, the maternity leave certificate that your family doctor will give you when you take the birth reports and the Family Book, although this document will cease to exist over time when replaced by a record telematic, which is being created since the newborn can be registered in the Civil Registry from the hospital where he was born.

If maternity leave is requested before the arrival of the child, a circumstance that occurs more in any case in cases of adoption, the registration of the adopted child must be attached later. Article 48.4 of the Workers' Statute says that "the biological mother may anticipate the exercise of it up to four weeks before the expected date of delivery."

In international adoption, when the prior displacement of the parents to the adoptee's country of origin is necessary, the permit may start up to four weeks before the resolution establishing the adoption.

What if the newborn stays in the hospital?

In the event that the newborn has to stay in the hospital after delivery (a circumstance that often occurs after a premature delivery), after seven days of admission, maternity leave is extended by as many days as the baby have to stay hospitalized, with a maximum of 13 additional weeks.

In addition, in this case, maternity leave can be interrupted once the mandatory six-week leave for the mother has ended, and resumed from the date of the baby's discharge from the hospital for the time of maternity leave that remains. In reality, With the changes that have occurred in the law, now you can interrupt your leave in any case after the mandatory 6 weeks and take the rest of the weeks in installments afterwards.

While the baby is hospitalized, the father or mother can take one paid hour off work and also reduce their working day to a maximum of two hours with a proportional reduction in salary.

Requirements to be able to collect maternity leave

In order to collect maternity leave, you must be registered with Social Security or in a similar situation (unemployment, leave of absence...), be up to date with the payment of Social Security contributions and have met certain minimum contributions that depend on the age of the mother.

For example, from the age of 26 it is necessary to have contributed 180 days in the previous 7 years or 360 days throughout the working life.

If you have not contributed enough, you can collect a non-contributory subsidy for 42 days equal to 100% of the daily IPREM in force at the time of delivery (in 2019, the Iprem (in the absence of budget approval) remains frozen at 17.93 euros /day).

In the case of a large family, single-parent family, multiple births or disability of the child or the mother, the duration of the subsidy is extended by 14 calendar days.

You charge more than working (but then you will charge less in the extras)

During maternity leave, 100% of the regulatory base is charged, that is, a daily amount that is obtained by dividing the gross salary into 30 days.

This amount includes the proportional part of the extraordinary payments for the year. That is, Social Security pays you your salary plus the proportional part of the extras, therefore you earn more than when you are working and when you go back to work, the extra payments will be lower because you have received part in advance.

To calculate it, the payroll of the month prior to the arrival of the baby is taken into account and in the case of self-employed workers, from March 1, 2017, the contribution bases of the previous six months are taken into account.

In the event that the maternity leave is divided between the two parents, the economic benefit is calculated independently for each one, based on the regulatory base of each of them.

In addition, since October 2018 Social Security no longer withholds personal income tax on maternity benefits.

At the beginning of October 2018, the Supreme Court ruled that maternity leave is exempt from personal income tax.

As the rights and obligations with the Treasury prescribe after four years, until June 30, 2019 you can claim for the income tax returns of 2014, 2015, 2016 and 2017. If you want more information you can read the article I have written about the ruling of the Supreme Court on maternity leave and personal income tax

What if the mother is unemployed during maternity leave?

Don't worry, you're not going to lose months of unemployment.

Unemployment benefit is interrupted during maternity leave.

For 16 weeks you will collect maternity leave and when it ends, you will collect unemployment benefit for the time you had left before starting the leave

Of course, in order not to lose any day of the unemployment benefit, you must request it within a period of 15 days from the end of the maternity leave.

In addition, it is convenient that you communicate that you are on maternity leave to the employment office so that you do not have to go to renew the request or attend courses or any other INEM appointment.

How is the maternity leave of the self-employed?

Self-employed mothers and fathers are entitled to maternity/paternity benefits in the same way as employed women. They charge 100% of the average contribution base of the six months prior to the drop

The requirements to apply are the same.

If it is necessary to hire someone to replace her, they do not have to pay Social Security for her to avoid costs (they only pay the salary).

They can also assign part of the sick leave to the father.

What if the maternity leave coincides with the holidays?

The mother has the right to enjoy your vacation on another date, even if she has finished the calendar year.

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