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.