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Duration

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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)

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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