Duration

The duration of the allowance shall be equivalent to that of the rest periods or leave taken, in accordance with the provisions of Art. 48.4, 5 and 6 of the Workers' Statute (ET) and Art. 49 a) and b) and c) of the Basic Statute of Public Employees (EBEP)

Rest periods in relation to the Workers' Statute (ET)

A transitional period has been established, throughout 2019 and 2020, for the gradual application of the new regulation of the suspension of the employment contract due to childbirth, adoption, guardianship for the purposes of adoption and foster care, provided for in Sections 4, 5 and 6 of Article 48 of the TRET (Re-drafted Text of the Workers’ Statute), in the wording given by Royal Decree-Law.

From 1 January 2021, each biological parent, adoptive parent, guardian or foster parent, will benefit from the same period of leave.

Summary table for the Workers' Statute and the Basic Statute of Public Employees


From 01/01/2020 to 31/12/2020 the following duration rules will be followed:


In the case of childbirth

  1. Biological mother:
  2. Will be granted the full 16 weeks maternity leave with the following distribution:

    • 6 mandatory weeks, full and uninterrupted days , taking effect immediately after the birth.
    • 10 weeks, full or half days:

      • Continuing on from the mandatory period.
      • Interrupted, in which case it must be in weekly periods (cumulative or independent) from the end of the mandatory 6 weeks until the child reaches 12 months of age.
      • The enjoyment of each weekly period or accumulation of periods must be  communicated by the interested party to the company at least 15 days in advance.
      • The full-time or part-time enjoyment of this period will require an agreement between the company and the worker.

    You can give the other parent a period of up to 2 weeks of your period of non-mandatory leave, which may also be full-time or part-time, on a continuous or interrupted basis, and for weekly periods for which you must inform your company at least 15 days in advance.

    The possibility remains for the biological mother to bring the start of the benefit forward by up to 4 weeks prior to the due date.

    In the event of the death of the biological mother, regardless of whether she worked or not, the other parent will be entitled to the sixteen weeks maternity leave of the biological mother.

    In the event of the death of the child, the period of leave will not be reduced, unless she returns to work after the mandatory 6 weeks leave.


  3. The other parent (other than the biological mother):
  4. Will enjoy a total leave period of 12 weeks, with the following distribution:

    • 4 weeks, mandatory, uninterrupted and full  days, taking effect immediately after the birth.
    • 8 voluntary weeks , full or half days:

      • Continuing on from the mandatory period.
      • Interrupted, in weekly periods (cumulative or independent) from the end of the mandatory 4 weeks until the child reaches 12 months of age.
      • The enjoyment of each weekly period or accumulation of periods must be  communicated by the interested party to the company at least 15 days in advance.
      • The full-time or part-time enjoyment of this period will require an agreement between the company and the worker.

    The two days of leave on the part of the company enjoyed  as part of paternity leave will be removed.

    In the event of the death of the biological mother, regardless of whether she worked or not, the other parent will be entitled to the sixteen weeks maternity leave of the biological mother.

    In the event of the death of the child, the period of leave will not be reduced, unless she returns to work after the mandatory 4 weeks leave.


  5. Extensions in the duration of the benefit shared by both parents:
    • 1 week for each parent for each child after the second, in the case of multiple births.
    • 1 week for each parent  in the case of  a child with a disability.

    In the case of premature birth and those cases in which the newborn must remain in hospital after birth for a period of more than seven days, the benefit may be extended for as many days as the baby is hospitalised, for a maximum of thirteen additional weeks. This extension can be enjoyed by each of the parents from the time of discharge from hospital. Mandatory leave weeks are not included.

    In the event that the biological mother has ceded part of her rest to the other parent, the other parent may enjoy it, even if the mother is on temporary disability leave on the scheduled start date. 

    In the event that one parent is not entitled to professional leave with benefits, in accordance with the regulations regarding said professional activity, the other parent has the right to suspend his or her employment contract for the whole of 16 weeks without being affected by the limitation of the transitional period.


    In the case of adoption, guardianship for adoption or foster care:

    The two parents can enjoy a combined total of 28 weeks with the following distribution:  

    • 6 mandatory weeks for each parent, to be enjoyed full time on a mandatory and uninterrupted basis immediately after the court decision or administrative decision.
    • 16 weeks to be distributed between the two parents within 12 months of the court decision constituting the adoption or the administrative decision to place the child in foster care for the purpose of adoption or foster care. The leave period can be taken  as full days or half days:

      • continuously, adding up to the mandatory period of each one of them.

      • uninterrupted within twelve months of the judicial decision or administrative for adoption, guardianship for the purpose of adoption or foster care.

      • One of the parents will be able to enjoy a maximum of 10 weeks individually over the total voluntary 16-week period, leaving at least 6 of the 16 weeks at the disposal of the other parent.

    In cases of international adoption, when the parents are required to travel to the country of the adopted child, the suspension period can begin up to 4 weeks before the decision formalising the adoption.


    Extensions in the benefit duration

    • 1 week for each parent for each child after the second, in the case of multiple adoptions.
    • 1 week for each parent  in the case of  a child with a disability.

     


Periods of rest in relation to the Basic Statute of Public Employees (EBEP)

There has been an amendment to Art. 7 of the EBEP. From the entry into force of this Royal Decree-law, in matters of permits for birth, adoption by the parent other than the biological mother  and breastfeeding, staff at the service of the public Administrations shall be governed by the provisions of the EBEP.

Article 49 (a), (b), (c) and (d) have been amended, replacing the current maternity and paternity leave with: birth leave for the biological mother; leave for adoption, foster care for the purpose of adoption or foster care; and birth leave, leave for adoption, foster care for the purpose of adoption and foster care for the parent other than the biological mother for birth. 

 

Summary table for the Workers' Statute and the Basic Statute of Public Employees


  1. Maternity leave for biological mother.

    The leave will have a duration of 16 weeks with the following distribution:

    • 6 weeks, mandatory, uninterrupted, full days , taking effect immediately after the birth.
    • For the remaining 10 weeks, at full or part time.

      • Continuing on from the mandatory period.
      • Interrupted, only in the case of two working parents, in which case it must be in weekly periods (cumulative or independent) from the end of the mandatory 6 weeks until the child reaches 12 months of age. 


    Extensions of the benefit duration for the biological mother:

    • 1 week more for each child after the second, in the case of multiple births.
    • 1 week for each disabled child.
    • In the case of premature birth and those cases in which the newborn must remain in hospital after birth, the benefit may be extended for as many days as the baby is hospitalised, for a maximum of thirteen additional weeks.

    In the event of the mother's death, the other parent may make use of all or part of that leave.

    In the event of the death of the child, the period of leave will not be reduced, unless, at the end of the six mandatory weeks leave, a request is made to return to work.

    Maternity leave given by the mother to the other parent is removed, as well as the possibility of starting to receive the benefit before the due date.


  2. Leave for adoption, guardianship for the purpose of adoption or foster care for a parent:

    Will have a duration of 16 weeks for each parent.

    These 16 weeks will be distributed in following way:

    • 6 weeks mandatory, uninterrupted and to be enjoyed full time  immediately after the judicial decision constituting the adoption or the administrative decision of guardianship for the purpose of adoption or foster care.
    • For the remaining 10 weeks, at full or part time, to be enjoyed:
      • Continuing on from the mandatory period.
      • Interrupted, only in the case of two working parents, in which case it must be in weekly periods (cumulative or independent) from the end of the mandatory 6 weeks until the child reaches 12 months of age (when adopting a child under 12 months of age).
      • If adopting a child over 12 months of age, the 10 weeks of voluntary leave must be uninterrupted.


    Extensions of the benefit duration:

    • 1 week for each parent for each child after the second, in the case of multiple adoptions, guardianships or foster care.
    • 1 week for each parent  for each disabled child.


    International adoption, where previous travel to the country of the adoptee is necessary

    The adoptive parent will have the right to:

    • A leave period of up to two months' duration at the expense of the company with basic remuneration.
    • To start leave for adoption, guardianship or foster care, up to 4 weeks before the judicial decision or administrative decision.


  3. Leave of the parent other than the biological mother  for birth, guardianship for the purpose of adoption, foster care or adoption of a child

    In the case of childbirth:

    The leave will have a duration of 12 weeks, with the following distribution:

    • 4 weeks shall be immediately after the date of the birth which shall be compulsory, uninterrupted and full-time leave.
    • The remaining 8 weeks, at full or part time, to be enjoyed:
      • Continuing on from the mandatory period.
      • Interrupted, only in the case of two working parents, in which case it must be in weekly periods (cumulative or independent) from the end of the mandatory 6 weeks of the mother, until the child reaches 12 months of age. For each interrupted period enjoyed, at least 15 days' notice is required. 

    If you choose to take the non-mandatory part of this leave after week 16 of the childbirth leave and the parent on childbirth leave has requested accrual of breastfeeding time in full days, the non-mandatory  part may be taken  when the latter period ends.


    Extensions of the benefit duration:

    • 1 week for each child after the second, in the case of multiple births.
    • 1 week in the case of  the birth of a child with a disability, for each disabled child.
    • In the case of premature birth and those cases in which the newborn must remain in hospital after birth, the benefit may be extended for as many days as the baby is hospitalised, for a maximum of thirteen additional weeks.

    In the event of the death of the child, the period of leave will not be reduced, unless, at the end of the mandatory two-weeks leave, a request is made to return to work.

    In the event of the mother's death, the other parent may make use of all or part of that leave.


    In the case of adoption, guardianship for adoption or foster care.

    The leave will have a duration of 12 weeks, with the following distribution:

    •  4 weeks shall be taken immediately after the causative event which shall be compulsory, uninterrupted and full-time leave.
    • The remaining 8 weeks, at full or part time, to be enjoyed voluntarily :

      • Continuing on from the mandatory period.
      • Interrupted, only in the case of two working parents, in which case it must be in weekly periods (cumulative or independent) from the end of the mandatory 4 weeks, or from the end of childbirth leave and/or adoption, guardianship for the purpose of adoption or foster care leave, until the child reaches 12 months of age.
      • If adopting a child over 12 months of age, the 8 weeks  of voluntary leave must be uninterrupted.


    Extensions of the benefit duration:

    • 1 week for each child after the second, in the case of multiple adoptions, guardianships or fostering.
    • 1 week in the case of  adopting or fostering a child with a disability, for each disabled child.

Duration summary table


En la siguiente tabla podrá descargarse los siguientes Documentos.
Documentos Download Fecha
Cuadro resumen ET Descargar documento Cuadro resumen ET. The document will open in a new window.(PDF,60 KB) 01/04/2019
Cuadro resumen EBEP Descargar documento Cuadro resumen EBEP. The document will open in a new window.(PDF,540 KB) 19/11/2019
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