Tabla de contenido
What is paternity leave
The paternity leave is a right that workers who have just become parents or who have just adopted or fostered a minor have to receive an allowance during the time they suspend their employment contract or cease their activity.
This leave may be requested by employees, civil servants and self-employed persons who meet the following requirements:
- They must be affiliated and registered or in a situation assimilated to registration in one of the Social Security regimes.
- They must be covered by the Social Security system.
- They must have covered a contribution period of 180 days within the 7 years prior to the start date of the leave or, alternatively, have contributed 360 days in their entire working life.
What are the differences with maternity leave?
Paternity leave is 5 weeks, extendable to two days per child in the case of childbirth, adoption or multiple fostering. The first two days must be taken immediately after the birth of the child or the administrative decision of foster care and the rest of the days may be taken consecutively or at a later date, as agreed with the company.
Maternity leave is considerably longer than paternity leave. In the case of mothers, the suspension of their contract may have a duration of up to 16 uninterrupted weeks, extendable to 18 weeks in the case of multiple births or foster care.
What has the TC said?
The Plenary of the Constitutional Court has dismissed last year a constitutional appeal filed by a father against a judgment of the TSJ of Madrid that denied him that paternity leave was comparable to maternity leave.
The TC ruled that «the attribution of maternity leave, with the correlative social security benefit, to the working woman, with a longer duration than that recognized for the father, is not discriminatory for the man». In its argument, the court points out that «maternity, pregnancy and childbirth are differentiated biological realities of mandatory protection» and, therefore, the advantages given to mothers cannot be considered discriminatory to fathers.
How to apply for paternity leave
To carry out the application, once you have become a father or have taken in a minor, you must go to the Social Security offices and fill out an official application form for maternity or paternity.
In addition, the father must bring with him the following documents:
- The child’s birth certificate
- His or her original ID card and a photocopy.
- The company’s certificate.
- Your last paycheck.
- Your account number for the deposit to be made.
- The original Family Book and a photocopy of this or the literal birth certificate.
Do you need help?
If you have recently become a father and want to know what your rights are, it is best that you contact a lawyer who will be able to study your case, advise you and inform you about when and how you can request your paternity leave and how long it may last.
Lawyers at LAWYOU will help you
At LAWYOU we have lawyers with many years of experience who can help you with your claim or provide you with more information about the legislation currently applicable to these cases. Do not hesitate to contact us to tell us about your case through our e-mail email@example.com or, if you prefer, you can also call us at 602 226 895