Maternity and paternity leave is a right of employees in Spain, and is regulated by the Law on Effective Equality between Women and Men and the Law on Maternity Protection. This right is fundamental to guarantee the health and well-being of the mother and the newborn, as well as to promote the reconciliation of work and family life.
This leave allows the employee to be absent from work for a certain period of time to take care of the newborn or adopted child. The mother and father may take a leave of absence of 16 weeks, with the obligation to take the first 6 weeks from the birth or adoption uninterruptedly. The following 10 weeks can be taken continuously or interrupted if, for example, the parents work (these intermittent periods must be communicated to the company 15 days in advance and must be taken in weekly periods up to 12 months after the event).
In addition, the law establishes that during the period of sick leave, the worker is entitled to an economic benefit from the Social Security. This benefit is calculated on the basis of the worker’s regulatory base, and its duration corresponds to the duration of the sick leave.
It is important to note that workers can request maternity and paternity leave regardless of their contractual situation, i.e., it is not necessary to have a permanent or long-term contract to be able to enjoy this right.
In addition, parents also have the right to request a reduction in working hours during the first year of the child’s life. This reduction can be up to 50% of the working day, and is regulated by the Law for the Conciliation of Work, Family and Personal Life.
If you need more information regarding maternity or paternity leave, do not hesitate to contact us to receive personalized advice from an expert lawyer.
