Unlike entitlement to maternity benefit, the paternity benefit protects the rights of the other parent to collect a subsidy while this person's work contract is suspended when a child is born, adopted or fostered.

The economic benefit consists of a subsidy equivalent to 100% of the regulatory base  corresponding to Temporary Disability benefit due to common contingencies.

The entitlement to the benefit will arise:

• From the end of paid leave for the birth of a child, from the court ruling granting adoption, or from administrative decision or court ruling on foster care or adoption.
• To the end of maternity leave or immediately after it has ended, as long as the corresponding leave is taken.

More information on the start of benefits

The maximum duration period will be up to:

• 13 uninterrupted days, that can be extended by a further 2 days for each child after the second, in cases of multiple birth, multiple adoption or multiple foster care.
• 20 days, when the new birth, adoption or foster care occurs in a large family or a family that acquires said status as a result of this event, or when the family includes a person with a degree of disability greater than or equal to 33%. It will be extended by a further 2 days for each child after the second, in cases of multiple birth, multiple adoption or multiple foster care.
• 20 days, if the new-born, adopted or fostered child is affected by a degree of disability greater than or equal to 33%.

It can be taken as a complete work day or as a partial one, with a minimum of 50%, with the prior agreement of the employer. It is compatible with and independent of shared maternity leave.

More information on duration

For a birth, paternity leave is only for the other parent.

In the case of adoption or foster care, it is for only one of the parents, who can choose which is to take the leave if both work.

More information on beneficiaries

• Being affiliated or in a situation assimilated to affiliation.
• Having contributed for 180 days in the 7 years immediately prior to the date of the start of the suspension of the work contract, or, alternatively, contributed for 360 days in all your working life, before the above mentioned date.

More information on requirements

INSS or ISM 

It is not necessary to submit an official form, but it is advisable to use one: Applying for paternity.

General for all cases: Documentation proving the worker's identity and contributions.

More information on documentation

The maximum period to resolve and report the described procedure is 30 days, counting from the date when application was recorded in the registry of the appropriate Provincial Directorate of the INSS.

• Special Schemes

Frequently Asked Questions