05 Jul

Paternity leave in Spain: novelties applicable since today, July 5, and new application form

Important news in the enjoyment of paternity leave applicable from today, July 5, 2018, the date on which comes into force the General State Budget Law 2018 (LPGE, in Spanish). In addition, Social Security has already updated the application form for paternity leave, incorporating the new changes:

Extension to five weeks

In the cases of child birth, adoption, custody for adoption or foster care, the worker will be entitled to suspension of the contract for paternity for five weeks, extendible by a further 2 days for each child from the second child in the case of multiple births, adoptions or children taken into foster care. This suspension is independent of the shared enjoyment of the rest periods regulated in sections 4 (suspension by childbirth) and 5 (cases of adoption, custody for adoption and foster care purposes) of art. 48 of the Workers’Statute (Estatuto de los Trabajadores, ET, in Spanish).

Important novelty in the form of enjoyment of paternity leave

An important novelty is introduced in the form of enjoyment of this permit. From now, it is established that the period of suspension will be uninterrupted as before, but with the novelty that the last week of the total period to which it is entitled (the fifth week) can be enjoyed independently (previous agreement between the company and worker) at another time within the nine months following the date of birth of the child, the court order or administrative decision (in case of foster care, guardianship or adoption). The agreement have to be adopted at the beginning of the suspension period.

In the new application form of paternity leave, two possible forms of enjoyment are included: continued (five weeks) and possibility of independent enjoyment of the fifth week.

Click here to access the new application form. And remember if you have workers in Spain or if you are thinking about forming a company in Spain, don´t hesitate to contact our team of experts.

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