Legal tip 56. Maternity/paternity leave in Spain
Tuesday, March 10, 2009 @ 11:56 AM
The Spanish Congress passed on March 2007, the Effective Equality of Women and Men Act. This Law, among other measures, allows for the extension of paternity leave to 13 days, in addition to the two that were granted, which can be extended to a month in a six years period.
Beneficiaries of this new Act are self-employees, employees, training employees and part time workers in order to enjoy paternity, adoption and foster care (either temporary or permanent) time.
The employee can enjoy these 15 days, or can reduce it, as a woman can also reduce her maternity leave. These “out of work renounced days” cannot be changed for vacations or any other birth’s maternity leaves. The decision to have total or middle leave should be in line with the company.
The starting day for woman can be before the delivery date (due to obvious reasons of gravity…); men cannot choose: they need to start when the child is already crying outside the womb in this wonder…-full world. In cases of adoption or foster care, the starting day will be the day the judicial decision or the administrative approval is in place.
Among general procedures to be performed, the General Practitioner of the Public Health services should be sought in order to produce a maternity report, one copy needs to be kept by the user/ applier to this benefit, and another copy will be kept by Public Health Services. The applier also needs to be prepared with personal identity documents (identity card or residence card), family book and the documentation relating to the registration within the Social Security system.
The right to enjoy these benefits will prescribe five years after the birth/adoption/foster care.
Sunset in La Caleta ( Cadiz)