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Languages available: Castellano

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Languages available: Castellano

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 01/01/2021 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.

    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 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 16 weeks, with the following distribution:

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

    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 6 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 case of adoption, guardianship for adoption or foster care:

    Will enjoy a total leave period of 16 weeks, with the following distribution:  

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

        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 6 weeks leave.

    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.

     


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. Descargar documento Cuadro resumen ET. The document will open in a new window. (PDF,171 KB) 08/09/2022
Cuadro resumen EBEP Descargar documento Cuadro resumen EBEP. The document will open in a new window. Descargar documento Cuadro resumen EBEP. The document will open in a new window. (PDF,147 KB) 08/09/2022
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