Spain: extension of longer paternity leave to 12 weeks enters into force today

Since today, parents different from the biological mother whose children are born from today, 1 January 2020, will enjoy the extension of the so-called paternity leave to 12 weeks.

Although it is still called colloquially as “paternity leave”, the current denomination is birth permission for the parent different from the biological mother (Royal Decree-Law 6/2019, of March 1, of urgent measures to guarantee equality of treatment and opportunities).

The final goal of Royal Decree-Law 6/2019 is to increase paternity leave from eight weeks in 2019, to 12 weeks by 2020, and 16 weeks by 2021. At that moment, maternity and paternity leaves will be equal and non-transferable.

The extension applies to babies born from today, January 1, 2020.

Paternity leave in 2020

Birth. Since today, January 1, 2020, in the case of birth, the other parent (different from biological mother) will have a total suspension period of 12 weeks:

• The first four weeks the parent should enjoy them without interruption immediately after the birth.
• The biological mother may transfer to the other parent a period of up to two weeks of her period of suspension of non-compulsory period.
• The enjoyment of this period by the other parent, as well as that of the remaining eight weeks, will be adapted to the provisions of article 48.4 of the ET (Worker´s Statute).

PATERNITY LEAVE 2020. BIRTH (SPAIN)

Situation
Date
Compulsory weeks
Non-compulsory weeks
Total weeks

Biological mother
From 01.04.19
6
10
16

Other parent
From 01.01.2020 to 31.12.2020
4
8
12

Other parent
From 01.01.2021
6
10
16

Adoption or foster care. Since today, 1 January 2020, in the case of adoption, saves with adoption or foster care, each parent will have a mandatory six-week suspension period plus 16 non-compulsory weeks (common enjoyment).

• The 6 weeks must be enjoyed on a full time on a mandatory and uninterrupted basis after the court decision constituting the adoption or the administrative decision of the legal custody for the purposes of adoption or foster care.
• Together with the six weeks of compulsory enjoyment, the parents can have a total of 16 weeks of voluntary enjoyment that they should enjoy continuously within 12 months after the judicial resolution constituting the adoption or the administrative decision of the legal custody for the purposes of adoption or foster fines (art. 48.5 of the ET, Worker´s Statute)
• Each parent may individually enjoy a maximum of 10 weeks over the total 16 weeks of voluntary enjoyment, with the remaining ones remaining over the total of 16 weeks available to the other parent.