Permission for birth, adoption or foster care in 2022 Permission for birth, adoption or foster care in 2022 Post navigation
If your baby is going to be born in 2022, or you are in an adoption or foster care process, we remind you of the duration of the permits.
Remember that the legal reference to maternity and paternity leave is eliminated, terms that are replaced by a suspension of the employment contract due to the birth of both the biological mother and the other parent.
From SECB we inform you of the changes in the regulation that affects family conciliation, and we claim the right to accumulate permits in cases of single-parent families. Justice already recognizes this measure and it is expected to be included in the proposal for the Diversity Law Family expected for this year.
NOTIFICATION OF THE BIRTH to CAIXABANK
You will need to provide the following documentation:
Employee Portal – Requests – Management of my requests. Communication through one of these 3 options: EMPLOYEE PORTAL Requests – Management of my requests – Communication Birth of a child.CORPORATE SMARTPHONE APP “Employee Portal” app – Communication of the birth of a child – Communication of the birth of a child (request for suspension of the contract and improvements) – Mark the different options (date of birth, Relationship “parent other than the biological mother”, number of weeks after the birth , choice of the breastfeeding permit option, attach a photo of model 145)
BAGGAGE ONLY IN THE EVENT YOU DO NOT HAVE ACCESS TO THE APP OR PORTAL, the documentation must be sent by bag to the center 9160 – HR Operational Administration
HR will send the Company Certificate electronically to the INSS. The company will proceed to notify the INSS of the certificate during the two business days following the start date of the permit, provided that the employee has submitted the permit application prior to said date.
COMMUNICATION OF BIRTH to INSS
PROCESSING through the «YOUR SOCIAL SECURITY» portal (electronic DNI, digital certificate or CL@VE password)
PARENT OTHER THAN THE BIOLOGICAL MOTHER
From January 1, 2022, 16 weeks are established, of which the first 6 must be enjoyed uninterruptedly after childbirth.
Let us remember that the biological mother can no longer cede weeks to the other parent for equalization of permits.
CaixaBank expansion:
In the event of birth, adoption, custody for the purpose of adoption or fostering, after the expiration of the legally established suspension period, the parent other than the biological mother will have a paid leave of 10 calendar days in 2022 that must be taken immediately. following the end of any of the suspension periods referred to above. She must request the enjoyment of this permit when requesting recognition of the right to suspension of the uninterrupted employment relationship or of any of the periods of interrupted suspension in the legally established terms.
If there is disability or multiple birth, the leave will be 14 days in 2022.BIOLOGICAL MOTHER
The duration of the suspension of the work contract due to birth for the biological mother continues to be 16 weeks, maintaining the obligation to enjoy the 6 weeks immediately after childbirth full-time, to ensure the protection of the mother's health.
In the event of disability of the son or daughter, the suspension of the contract has an additional duration of 2 weeks, one for each of the parents.
Once the first 6 weeks immediately after childbirth have elapsed, it is established that the remaining 10 weeks are for voluntary enjoyment:
After the 16 weeks for maternity leave, 10 calendar days will be added below by the Conciliation Protocol.INFANT CARE.ENJOY.
It is an individual right. Your exercise cannot be transferred to the other parent. 3 options to choose:
HOSPITALIZATION OF THE NEWBORN
In cases of premature delivery and those in which, for any reason, the newborn must remain hospitalized after delivery for a period of more than 7 days, the period of suspension will be extended for as many days as the newborn is hospitalized with a maximum of 13 additional weeks.
This extension can be enjoyed by the biological mother and the other parent. In this case, a document from the hospital that determines the start and end dates is needed to present to Social Security.
The resolution of this administration is notified to CaixaBank. For these purposes, hospital admissions initiated during the 30 calendar days following delivery will be taken into account.
COMMUNICATION TO THE COMPANY.
If you CHOOSE to enjoy the 1⁄2-hour reduction or the 1-hour leave until the child is 9 months old…
You MUST indicate it when you notify the company of the baby's birth through the Employee Portal or the corporate Smartphone App.
IF YOU CHOOSE to enjoy the accumulation of nursing leave (10 calendar days + 5 business days)…
You MUST also indicate this when notifying the company of the baby's birth through the Employee Portal or the corporate Smartphone App, EXCEPT if you choose to take all or part of the birth leave uninterruptedly, in your voluntary period (up to 10 weeks).
In this case, the enjoyment of the accumulation of 10 calendar days may be made after any of the periods of suspension of the contract or the maternity extension.
For this, the company must be informed of the period of enjoyment, at least 15 days in advance, through the Employee Portal:
Employee Portal > Request for absences> ACUM. BREASTFEEDINGThe enjoyment of the 5 working days, not cumulative with the previous ones, must be communicated through the Employee Portal:Employee Portal > Request for absences> ACUM. LACTATION (5 days).
ADOPTION
Adoption of a child under 6 years of age or over 6 with a disability or with insertion difficulties.
Adoptions constituted as of January 1, 2022. The suspension will last 16 weeks for each adopter. It is an individual right and its exercise cannot be transferred to the other adopter.
A period of 6 weeks for each parent to enjoy full time in a mandatory and uninterrupted manner immediately after the court decision establishing the adoption.
The remaining 10 weeks may be enjoyed in weekly periods cumulatively or interrupted within the 12 months following the court decision establishing the adoption.
In the event of disability of the adopted son or daughter , the suspension of the contract will have an additional duration of 2 weeks, one for each of the parents. The same extension will proceed in the case of multiple adoption for each son or daughter other than the first.
In cases of international adoption , when the prior displacement of the parents to the adoptee's country of origin is necessary, the period of suspension provided for in each case in this section may begin up to 4 weeks before the resolution by which the adoption is constituted. adoption.
In the case of adoption of people with disabilities or of those who, due to their circumstances and personal experiences, or because they come from abroad, have special difficulties in social and family integration duly accredited by the competent social services, for the protected situation to occur the adoptee must be under eighteen years of age .
DOCUMENTATION – Communication through HR from your DT or suitcase to 9160
one) | Judicial resolution by which the adoption is constituted. |
two) | Photocopy of the Family Book. |
3) | Communication of data to the payer (mod. 145) duly completed http://www.segsocial.es/prdi00//groups/public/documents/binario/113145.pdf |
4) | In the event that the other parent is also an employee, option for one of them to receive the Child Benefit and the Natality Bonus. |
PLACEMENT
Foster care for minors up to 6 years old or older than 6 years with a disability or with insertion difficulties.
Situations of foster care, pre-adoptive and permanent or simple, in accordance with the Civil Code or regulations of the CCA that regulate it, provided that, in the latter case, its duration is not less than one year.
It is considered a protected situation, in the same terms established for the cases of fostering, the constitution of guardianship over a minor by appointment of a natural person, when the guardian is a family member who, in accordance with civil legislation, cannot adopt the minor.
In the case of adoption of people with disabilities or of those who, due to their circumstances and personal experiences, or because they come from abroad, have special difficulties in social and family integration duly accredited by the competent social services, for the protected situation to occur the adoptee must be under eighteen years of age .
The protected situation of Family Fostering corresponds to the same days as in adoption (family fostering, pre-adoptive and permanent or simple, in accordance with the Civil Code or regulations of the Autonomous Communities that regulate it, provided that, in the latter case, your duration is not less than one year).
DOCUMENTATION – Communication through HR from your DT or suitcase to 9160
one) | Judicial resolution by which the adoption is constituted. |
two) | Data communication to the payer (mod. 145) duly completed |
3) | In the event that the other parent is also an employee, option for one of them to receive Child Aid. |
As long as the foster care is unpaid, the employee will have the right to receive the aid that labor regulations contemplate in the event of the birth or adoption of children, except for the birth bonus, which will be paid only if the adoption is finally formalized.
TAXATION
Benefits for the birth and care of the child (former maternity / paternity benefits) are exempt from taxation since the publication of RD Law 27/2018, of December 30, which also takes effect for previous non-prescribed years. For the application of this exemption, you will only have to prepare and present your declaration using the fiscal data that is offered to you where said income must appear as exempt. In the event that you have been a beneficiary of these non-prescribed benefits in exercise and have not yet claimed the refund of the amounts unduly withheld, you must request the rectification of the declaration by submitting the specific form provided for this purpose:
TAX AGENCY
