Paternity Leave

The extension of paternity leave in our country has been one of the main demands of the main feminist groups in order to take steps towards real equality between men and women. As a result, on 1 April, the Spanish Government, still in office, approved a Royal Decree which substantially increased this leave. Here we would like to provide you with all the information you need in this regard.

The entry into force of extended paternity leave

The paternity leave that Spanish fathers could enjoy was, until 1 April 2019, 5 weeks. However, since the entry into force of the Royal Decree referred to above, it has been extended to 8 weeks. This represents a significant increase, but it does not satisfy the demands of the groups affected.

Initially, it was planned that the extension would reach 16 weeks, i.e. that maternity and paternity leave would be equal. However, it was finally decided that new Spanish fathers would be able to enjoy 8 weeks of leave in 2019, 12 weeks in 2020 and, finally, 16 weeks in 2021.

For their part, both sexes will be able to enjoy 100% of their salaries during all this time. This makes Spain the most advanced country in Europe in terms of equal leave for having a child.

Is 8 weeks' paternity leave compulsory?

Paternity leave has always been considered a worker's right. However, until the publication of this Royal Decree, it was not compulsory. This meant that many fathers, due to their business situation or possible pressure from their employer, often did not request it.

However, this Royal Decree obliges the worker to take paternity leave in order to share responsibilities with the mother. However, there is still the possibility of not taking it in its entirety, but only the 5 weeks that were reflected in the previous legislation.

What happens if there is a multiple birth?

It is possible that two or more children may be born during childbirth. In such cases, the father has the possibility to take two extra days of leave for each additional child the mother gives birth to. However, the fact that the father is a large family, that he already has children with disabilities or that one of the newborns has a problem, will not change the duration or the payment of paternity leave.

Personal income tax on paternity leave

In October 2018, the Supreme Court ruled that maternity leave pay was not subject to Personal Income Tax (IRPF). However, it said nothing about the income associated with paternity leave, which led to a wave of complaints within the judiciary itself.

However, the Ministry of Finance has stated, following the publication of this Royal Decree, that fathers who have enjoyed one or more paternity leave since 2014 have the right to receive a refund of the IRPF payment paid as a result of that income. For this purpose, the Ministry of Finance will be responsible for calculating the compensation.

However, the Ministry of Finance will not carry out this option ex officio. It will be the interested party who, by going to a partner office or via its website, will submit the relevant claim for the relevant amounts. This will be used as the basis for calculating the compensation for having paid the IRPF for paternity leave.

Are there any requirements for applying for and taking paternity leave?

The answer is yes. Specifically, the worker must be registered with the Social Security, whether as a self-employed worker, employee or civil servant, at the time of the birth of the child, which is when the entitlement is considered to arise. Moreover, current legislation specifies that at least 180 days of contributions must have been paid during the last 7 years prior to the birth of the child in order to claim it. This amount can also be validated if the worker has contributed 360 days or more throughout his/her working life.

How do you apply for paternity leave?

It is very simple. First of all, the worker must go to his or her employer and inform him or her that the child has been born. The company, with the information provided by the worker, is obliged to issue a leave certificate. In addition, the amount of the worker's last paycheck must be shown on the certificate. The purpose is that, subsequently, the Social Security can easily calculate the remuneration that the worker should receive during the time he/she is on paternity leave.

With this leave certificate issued by the company, the worker must go to the Social Security office that best suits him/her and fill in the Paternity Benefit Application Form. They must also provide a photocopy of their ID card together with the original, their last paycheck, a photocopy of the family record book together with the original or, failing that, the baby's literal birth certificate and the bank account number into which they wish to receive the payment.

What is the pay associated with paternity leave?

During the 8 weeks of paternity leave, the employee has the right to receive 100% of his or her paid regulatory base. This means that this payment does not include the different bonuses or allowances that the employee may be receiving for his or her specific position within the company.

When exactly does paternity leave begin?

A distinction must be made between parental leave and paternity leave.

Birth leave is granted and paid by the employer. It lasts 2 days (the day the child is born and the next day), provided that the employee is in the same city where he/she is employed. If he/she has to travel, this is extended to 4 days. The collective agreements in force may also specify a different amount.

Paternity leave comes into effect when the company's birth leave expires. For its part, it should be noted that the above-mentioned Royal Decree specifies that the worker must take two weeks of paternity leave immediately after the birth of his child. However, he/she may choose to take the remaining 6 weeks thereafter or, failing that, at any time during the child's first year of life.

In short, the extension of paternity leave and its equalisation with maternity leave scheduled for 2021 is undoubtedly great news for all men and women in our country. One more step towards true equality.