Paternity leave in Spain in 2022 is 16 weeks, after equating its duration with that of maternity leave last year
Are you going to be a father soon? It is a momentous experience and at first you will have to deal with some procedures (such as the paternity leave) somewhat cumbersome. To make your task easier, we explain in detail how this subsidy works and how to do the steps.
The duration of paternity leave in Spain this 2022 is 16 weeks, after successive improvements in recent years (rose to 8 weeks in April 2019, a 12 weeks in January 2020, and its current duration in January 2021).
Income from paternity leave is not listed in personal income tax (if they have been withheld from you between 2014 and 2017, see how to claim the return of income tax from paternity with the Treasury).
These are the 10 keys you should know if you plan to expand the family in the short term.
1. What is paternity leave and how long is it?
It is a subsidy that is given to workers who suspend the employment contract or cease their activity, during the legally established days, due to the birth of a child, adoption or foster care. The last extension, in force since January 1, 2021, raised his duration to 16 weeks for births after that date.
The first four weeks of the leave must be enjoyed uninterruptedly after delivery. The remaining weeks can be of interrupted enjoyment and exercised from the end of the mandatory postpartum rest until the son or daughter reaches 12 months. This permission, paid 100%, will be non-transferable, so if the father does not enjoy it, he will not be able to assign it to the mother.
It can be enjoyed in the regime of full or part time of a minimum of 50%, prior agreement with the employer and is compatible and independent of the shared enjoyment of maternity rest periods. According to the latest available data, 89% of fathers take leave immediately after birth, all followed and simultaneously with the mother. Only one in ten (11%) split the 16 weeks to breed alone.
In the case of Andalusian officials, His paid and non-transferable leave was extended in 2020 to 20 weeks.
2. Are there more days in case of multiple births?
Yes. The duration will be extended in the event of childbirth, adoption, foster care or multiple custody in two more weeks for each child from the second. The last week of the rest period may be enjoyed independently at another time within 12 months from the date of the child’s birth.
3. Who can ask for paternity leave? Is there a minimum contribution period?
The workers included in the general scheme and in the special Social Security schemes, whatever your gender. The paternity benefit is independent from that of the mother and compatible with the shared enjoyment of the maternity benefit, provided that it is transferred by the mother.
In the event of childbirth, the suspension corresponds exclusively to the other parent. In cases of adoption or foster care, the suspension will correspond to only one of the parents, at the choice of the interested parties; However, when maternity leave was fully enjoyed by one of the parents, the right to parental suspension may only be exercised by the other.
When there is only one parent or adopter, the paternity period cannot be combined with the maternity period. The minimum contribution period required is 180 days within the 7 years immediately prior to the start date of the suspension or, alternatively, 360 days throughout the working life prior to said date.
4. Are there limitations regarding the child?
To generate the right to the benefit, it is required that the adopted or fostered is under 6 years old. However, those over 6 years of age but under 18 with disabilities or who, due to their circumstances and personal experiences or because they come from abroad, have special difficulties of social and family insertion, duly accredited by the competent social services, also generate the right. It is understood that the adopted or foster person is affected by a disability, when it is accredited in a degree equal to or greater than 33%.
5. When can paternity leave be taken?
This permission it does not have to be linked to the birth permit, you can enjoy it within the 16-week period of maternity leave, or after it.
6. What salary is received?
The 100%. Including all the concepts of the regulatory base, normally included in all the complements assigned in the payroll. The Supreme Court has determined that the amounts received during maternity or paternity leave are exempt from personal income tax.
The measure has retroactive effects, so it is possible to claim the overpaid since 2014. Taxpayers who included the maternity or paternity benefit in their income tax returns for 2014, 2015, 2016 or 2017 can claim the return of undue withholdings from the Treasury.
7. What documentation must be submitted to Social Security?
The health service paternity report, the permit application sent to the company and the official model of the paternity application. The procedures must be done in sufficient time so as not to cause problems for the company where you work. At the time of the processing It is also necessary to bring the last payroll, a photocopy of the DNI, updated family book and receipt from the bank in which the remuneration must be paid. The collection will take place after the second week of the month following the generation of the right.
8. Do large families have special treatment?
Since January 1, 2017, equated paternity leave of any type of family regardless of whether they are numerous or not, or if they have disabilities among them.
9. What effect does the change in the paternity leave law have on civil servants?
At present, the maternity leave includes six mandatory and non-transferable weeks for the mother versus the father, voluntary but non-transferable. There are another 10 weeks left that are interchangeable and that the parents assume in less than 2% of the cases.
10. Are there any particularities for the self-employed?
No. As for the rest of the workers, the paternity benefit is equivalent to 100% of the regulatory base, which in the case of self-employed workers generally corresponds to the minimum contribution base. It is essential to be up to date with the payment of the contributions.