Paternity Leave

Paternity leave is extended from four to five weeks, benefiting fathers of children born as of this Thursday, July 5, the date the 2018 General State Budget enters into force.

The publication in the BOE took place today, July 4, 2018.

Amendment of the Workers’ Statute: paternity leave.

In particular, Article 48.7 of the Recast Text of the Law on the Workers’ Statute is amended, approved by Royal Legislative Decree 2/2015, of October 23, which is reworded as follows:

“7.- In cases of childbirth, adoption, guardianship for the purpose of adoption, or foster care in accordance with Article 45.1.d), the worker shall be entitled to the suspension of the contract for paternity for five weeks, which may be extended in cases of multiple births, adoptions, guardianship for the purpose of adoption, or foster care by two additional days for each child starting from the second. This suspension is independent of the shared enjoyment of the rest periods regulated in sections 4 and 5.

In the case of childbirth, the suspension corresponds exclusively to the other parent. In cases of adoption, guardianship for the purpose of adoption, or foster care, this right shall correspond to only one of the parents, at the choice of the interested parties; however, when the rest period regulated in section 5 is enjoyed in its entirety by one of the parents, the right to paternity suspension may only be exercised by the other.

The worker exercising this right may begin its enjoyment during the period from the end of the leave for childbirth, provided for by law or convention, or from the judicial resolution establishing the adoption or from the administrative decision of guardianship for the purpose of adoption or foster care, until the suspension of the contract for the reasons established in sections 4 and 5 ends or immediately after the end of said suspension.

The suspension period shall be uninterrupted except for the last week of the total period to which the worker is entitled, which, by prior agreement between the employer and the worker, may be enjoyed independently at another time within the nine months following the date of birth, the judicial resolution, or the administrative decision referred to in the previous paragraph. Said agreement shall be adopted at the beginning of the suspension period.

The suspension of the contract referred to in this section may be enjoyed on a full-time or part-time basis of at least fifty percent, by prior agreement between the employer and the worker, and as determined by regulation. In any case, the working hours regime shall be the same for the entire suspension period, including, where applicable, the independent enjoyment referred to in the previous paragraph.

The worker must notify the employer, with sufficient notice, of the exercise of this right under the terms established, where applicable, in collective bargaining agreements.”

Amendment of the Basic Statute of Public Employees: paternity leave.

Likewise, the first paragraph of Article 49. c) of the Recast Text of the Law on the Basic Statute of Public Employees is amended, approved by Royal Legislative Decree 5/2015, of October 30, which is reworded in the following terms:

“c) Paternity leave for the birth, guardianship for the purpose of adoption, foster care, or adoption of a child: it will have a duration of five weeks, which may be extended in cases of multiple births, adoptions, guardianship for the purpose of adoption, or foster care by two additional days for each child starting from the second, to be enjoyed by the father or the other parent from the date of birth, the administrative decision of guardianship for the purpose of adoption or foster care, or the judicial resolution establishing the adoption. The enjoyment of the leave shall be uninterrupted except for the last week, which may be enjoyed independently at another time within the nine months following the date of birth, the judicial resolution, or the administrative decision referred to in this paragraph, when so requested, at the start of the leave, by the parent who is to enjoy it, and authorized, under the terms provided in their regulations, by the Administration in which they serve.

Likewise, said regulations may provide for authorization, when requested in advance, for the leave to begin on a date later than that of the birth, judicial resolution, or administrative decision mentioned above, provided it is before the end of the corresponding leave or the suspension of the contract for childbirth, adoption, or foster care of the other parent, or immediately after its conclusion.”

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