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Languages available: Castellano

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Languages available: Castellano

Birth and Childcare allowance of the Workers' Statute

Royal Decree-Law 6/2019, of 1 March, on urgent measures to guarantee equal treatment and equal opportunities for women and men in employment and occupation has created a new benefit called benefit for birth and childcare that replaces and encompasses maternity and paternity benefits.

For the workers to whom the Workers' Statute applies , the birth and childcare benefit in case of childbirth shall have a duration of 16 weeks for each parent, of which the parent is required to take 6 weeks immediately after delivery (the two days of charge to the company that existed in the paternity no longer apply) that must be enjoyed on an uninterrupted and full-time basis. The 10 remaining weeks may be enjoyed full or part-time, in weekly periods either cumulatively or severally with respect to the first period and may be exercised from the end of the first 6 weeks until the child is 12 months old. The enjoyment of each weekly or, if any, cumulative period, must be communicated to the company at least 15 days in advance, and a company certificate must also be presented for each period of enjoyment. The biological mother may move it forward up to 4 weeks prior to the expected date of delivery.

For the workers to whom the Workers' Statute  applies , the birth and childcare benefit for adoption, foster care or pre-adoption foster care will have a total duration for each parent of 16 weeks, 6 weeksmandatory, uninterrupted and full-time, immediately after the date of the judicial decision or administrative decision. The 10 remaining weeks, in weekly periods, cumulatively or severally, within 12 months of the judicial decision or administrative decision.

Both in the case of childbirth and of  adoption, foster care or pre-adoption foster care, the  benefit will be extended for the following reasons:

  • 1 week for each parent for each child after the second, in the case of multiple births, adoptions or guardianships.
  • 1 week for each parent in the case of a child with a disability.
  • For preterm labour and hospitalisation (for a period greater than 7 days) after delivery, up to a maximum of 13 weeks.

This new provision comes into force for births, adoptions, pre-adoption foster care and foster care as of 1 April 2019. However, its application is gradual; thus, for 2019:

The new regulation is fully applicable in the case of childbirth for the biological mother. The other parent (in case of childbirth) will have 8 weeks of benefit, of which, 2 weeks are mandatory and uninterrupted on a full-time basis, immediately after delivery. The 6 remaining weeks may be continuous or broken down over weekly periods, in full or part-time arrangements. There is also the opportunity for the biological to give the other parent a maximum of 4 weeks.

For 2019 in event of adoption, foster care or pre-adoption foster care each parent shall have 6 mandatory, full-time, uninterrupted weeks, immediately after judicial resolution. Another 12 weeks are voluntary and to be distributed between the two (uninterrupted within 12 months following judicial resolution or administrative decision) taking into account that over these 12 weeks each parent may individually enjoy a maximum of 10 weeks full or part-time.

Co-responsibility in infant care

Royal Decree-Law 6/2019, of 1 March, on urgent measures to guarantee equal treatment and equal opportunities for women and men in employment and occupation has amended Chapter VII of Title II of the consolidated Text of the General Law on Social Security, approved by Royal Legislative Decree 8/2015, of 30 October, creating a new benefit called Co-responsibility in infant care, which is payable on a direct payment basis by the Management Entity.

This new benefit corresponds to art. 37.4 of the Workers' Statute which provides that in cases of birth, adoption, custody for adoption or foster care, workers shall be entitled to one hour of absence from work, which can be divided into two fractions, for the care of the infant until the infant is nine months, or replace it for a reduction of your working day by half an hour.

When both parents, adopters, guardians or foster parents exercise this right with the same duration and regimen, the period of enjoyment may be extended until the infant reaches 12 months, with a proportional reduction in salary after the nine-month period.

The new benefit for co-responsible activity for the care of an infant, protects the reduction in the working day by half an hour carried out by both parents, adopters, foster carers or permanent carers with the same duration and regime shall be deemed to be the causal event when both parents work, for the care of the infant, from the age of 9 months to 12 months. However, the right to receive it may only be to be recognised in favour of one of them.

For access to the right to the financial benefit for co-responsibility for the care of the infant, the same requirements and in the same terms and conditions as those established for the birth and childcare benefit shall be required.

The economic benefit will be  a subsidy equivalent to 100% of the regulatory base established for thetemporary disability benefit arising from common contingencies, and proportional to the corresponding reduction in working hours. It will last a maximum of 3 months (from the child's 9th month to the age of 12 months).

This benefit affects only workers who are covered by the Workers' Statute . Staff serving the public administrations to which the Basic Statute of public employees apply shall be governed by art. 48 (f) of this regulation.

Treatment of collaborating companies

Suppression of the voluntary collaboration of companies in the management of Social Security regarding the financial benefits for temporary disability (TD), derived from common illness and non-work accident, from 1 April 2019.

The second final provision of RDL 28/2018 of 28 December amended article 102 of the Consolidated Text of the General Social Security Law (TRLGSS), removing the possibility of voluntary collaboration of companies in the management of Social Security with respect to the economic benefits for temporary disability (TD), derived from common illness and non-work accident, from 1 April 2019.

The application of this measure makes it necessary to distinguish its effect on the new TD processes initiated from it, whether or not a relapse of a previous TD process, from the effects on the TD processes that were in effect on that date.

Regarding the TD processes started from 1 April, it is up to the company to take  responsibility for the delegated payment to its TD benefit workers, from the fifteenth day of leave. Therefore, at the time of the liquidation and payment of Social Security contributions, the amounts paid and received by workers for the TD allowance may be deducted as long as the delegated payment modality of the benefit is maintained.

However, for TD processes initiated prior to 1 April, the company must continue to pay directly - as it was doing and until the completion of the process - the amount of the TD benefit, without the possibility of compensating for these amounts in the liquidation and payment of Social Security contributions.

In the latter case, the amounts of the TD benefits paid directly by the company, without the possibility of being compensated in the liquidation and payment of Social Security contributions, shall be taken into account in the liquidation of operations relating to the voluntary collaboration of the company in the management of Social Security.

  TD processes initiated before 1 April maintain the obligation to inform the INSS of those who reach a cumulative duration of 365 days, for the exercise by the INSS of the competences referred to in Article 170.2 of the TRLGSS.

Local Police

NEW RETIREMENT AGE

Since 2 January 2019, the Local Police have become part of the professional activities group, which are described as exceptionally painful and dangerous, whose realisation from a certain age is particularly burdensome, and due to which has been recognised as having a reduction in the age of access to regular retirement.

In this sense, the local police can advance the ordinary retirement in a period equivalent to 73 days for each year effectively worked as a police officer, with a maximum of 5 years in advance for 25 years of work or can even anticipate the ordinary age  6 years if you have carried out 37 years of effective activity as a local police officer.

The application of the age reduction coefficient (0.20) is conditional on the person concerned completing a minimum of 15 years of social security contribution as a local police officer.

The period that the retirement age is reduced by is assimilated to the contribution period for the purposes of calculating the amount of the pension.

The application of this benefit for local police officers is accompanied by the establishment of  an additional social security contribution rate of 10.60%, of which 8.84% will be entrusted to the administration and 1.76% will be entrusted to the official.

Manufacturing industry

PARTIAL RETIREMENT.

In order to facilitate the rejuvenation of the workforce, the promotion of indefinite recruitment and the increase in productivity in the manufacturing sector, a new partial retirement scheme with a respite contract entered into force in December 2018  in somewhat more flexible conditions than  required on a general basis.

In this respect, for those workers in the manufacturing industry who perform jobs requiring a high degree of attention or physical effort in manufacturing, repair  or  assembly of industrial machinery, will be eligible for partial retirement from 61 years of age, reducing the working time to a maximum of 80% provided that the company has a full-time and indefinite reliever, with a contribution base equal to at least 65% of the base of the partial retiree before retirement, and 70% of the workforce consists of workers with an indefinite contract.

The worker who receives the partial retirement must have seniority in the company of six years immediately prior to the partial retirement and 33 years of social security contribution.

During the partial retirement the worker remains registered at the company with a part-time employment contract with a minimum working percentage of 20% and with the obligation of contributions, both company and worker, in proportion to the day.

Extension of retirement legislation prior to Law 27/2011

During the 2019 financial year, workers whose employment relationship lapsed before 1 April 2013 as well as those whose employment relationship lapsed or was suspended any time before 1 January 2020 by decisions taken in employment regulation files, or through collective agreements or collective agreements of undertakings or in branch procedures, approved, signed or declared prior to 1 April, 2013, they may access retirement, subject to the legislation that is most favourable to them, that is, they may choose between current legislation or existing legislation prior to Law 27/2011, of 1 August, provided that they meet the conditions required by both laws.

The differences between one legislation and another relate to both the conditions for access to retirement and the rules for calculating pensions.

Notwithstanding the foregoing, in those cases where the person concerned meets the conditions required by both legislations to access the requested retirement modality (ordinary retirement / early retirement), the managing entity shall recognise the pension by the legislation that is most favourable, in relation to the amount of the pension, without the need for the individual concerned to make an express choice.  


Information on company certificates for birth and childcare benefits

Company certificates for start of mandatory and/or voluntary leave for the birth and care of a minor benefit can only be sent from the day leave starts. Otherwise, it may not be certified

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