Maternity and paternity leave is the period of rest from work to which women and men who are employed or self-employed are entitled, after the birth, adoption or foster care of their child. During this leave, an economic benefit is received that compensates for the income that is lost when the work activity temporarily ceases.
We explain how long both permits last, what requirements you need to meet to request them and how to do the procedure, step by step.
How long are maternity and paternity leave?
The maternity and paternity benefit is a subsidy that is recognized to workers, men or women, during the rest periods legally established in the cases of birth, adoption, foster care or guardianship.
Duration in case of birth
In general, maternity leave lasts for 16 weeks (although in the case of multiple birth or adoption, premature birth or disability, this leave is extended). When it comes to childbirth, the first six of these 16 weeks are mandatory and must be enjoyed uninterruptedly and full time.
The remaining 10 weeks are voluntary, and the mother can decide between continuing to enjoy her leave uninterruptedly until it is exhausted, or enjoying it in weekly periods or part-time until the baby reaches 12 months.
As for the parents (or the other parent, in the case of same-sex couples), paternity leave has been increasing in duration in recent years, from 15 days in 2007, to the current 12 weeks and the next 16 weeks that will come into effect in 2021.
Of the 12 weeks of leave, the first four are mandatory and immediately after delivery . After this period, the remaining eight weeks can continue to be enjoyed in the same way or in weekly periods or on a part-time basis until the baby is one year old.
It is important to remember that it is a non-transferable permit , that is, if the father does not enjoy it, it will be lost, as he will not be able to give it to the mother.
Duration in case of adoption, custody or foster care
In the event of adoption, guardianship for adoption and foster care purposes , the parents will have, between the two of them, a total of 28 weeks with the following distribution:
- Six compulsory weeks for each of the parents , to enjoy full time in a compulsory and uninterrupted way immediately after the judicial resolution or administrative decision.
- 16 voluntary weeks to be distributed between the two parents (uninterrupted within 12 months following a court decision or administrative decision) with a maximum of 10 weeks for one of them.
As of 2021 , the duration of the leave for each parent will be 16 weeks, of which six weeks will be mandatory, uninterrupted and full-time, immediately after the date of the judicial resolution or administrative decision. The remaining 10 weeks may be enjoyed in weekly periods, accumulated or interrupted, within the 12 months following the judicial resolution or administrative decision.
When can you apply for maternity and paternity leave?
In case of delivery
Leave may be requested from the same day as the date of delivery, although if the mother so wishes, she could bring it up to four weeks before the expected date of delivery, set in the maternity report of the Public Health Service.
In case of adoption, foster care or custody
In the event of adoption, custody for the purposes of adoption or foster care, the permit may be requested from the date of the judicial resolution that constitutes the adoption or the administrative decision of custody for the purposes of adoption or foster care.
In cases of international adoption, when the prior displacement of the parents to the adopted country is necessary, the period of suspension may start up to 4 weeks before the resolution establishing the adoption.
Who can apply for these permits?
Becoming a parent by birth, foster care, or adoption
This right can be enjoyed after the birth of a child, as well as in cases of adoption, guardianship for adoption and foster care purposes provided that, in the latter case, its duration is not less than one year and it involves minors under the age of six years.
Be contributing to Social Security
To apply for either of the two permits, father and mother must be contributing to Social Security or in a situation similar to that of discharge (you can read here which requirements must be met in this case).
If they are self-employed workers, they will have to be registered with the Social Security and Treasury and up to date with the payments.
Workers in multiple activities may receive the benefit of each of the Social Security regimes in which they meet the required requirements. That is, if, for example, you meet the requirements to access this benefit in the RETA and in the General Scheme, you will be able to enjoy a double benefit.
Have a minimum contribution period
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If the working persons are under 21 years of age on the date of delivery or on the date of the administrative or judicial foster care decision or the judicial resolution establishing the adoption, no minimum contribution period will be required.
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If the worker is between 21 and 26 years old , a minimum period of 90 days of contributions is required in the seven years immediately prior to the enjoyment of the leave, or 180 days throughout their working life.
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If the working father or mother is over 26 years of age , the required quoted minimum shall be 180 days in the seven years immediately prior to the enjoyment of the leave, or 360 days throughout their working life.
If the mother does not comply with the minimum contribution periods required to receive the maternity benefit, she may be eligible for the non-contributory maternity allowance. This financial aid is only granted in the event of birth, not for adoption or foster care, and lasts 42 calendar days after delivery (extendable by two weeks in the case of a large family, single parent, multiple childbirth or disability of mother or child greater than 65%).
Can I apply for the permit if I am unemployed?
When the worker is receiving unemployment benefit at the time they become a father or mother, the unemployment benefit and the Social Security contribution will be suspended and they will receive their paternity or maternity leave in the corresponding amount.
Once the period of enjoyment is over, unemployment benefit will be resumed for the remaining period and amount that corresponded to them at the time of suspension.
What is the amount of maternity and paternity leave?
The amount of paternity and maternity leave will be 100% of the regulatory base that is established for the benefit for temporary disability derived from common contingencies. The starting date of the rest period will be taken as a reference.
In the case of self-employed workers, let us remember that the fee is subsidized at 100% during the enjoyment of the permit. In addition, it is an income exempt from personal income tax (both in the case of fathers and mothers), after the Supreme Court forced to return the withholdings applied to those who had enjoyed the permit. That is, this amount is the one that will be paid into the worker’s current account, without deductions of any kind.
How to apply for maternity / paternity leave (or leave for the birth and care of the minor)
The management of applications corresponds to the INSS (National Institute of Social Security) or, in the case of workers from the Sea, to the ISM (Social Institute of the Navy).
To start the procedures you must have the birth certificate that will be delivered to you at the hospital and go with it to the family doctor, who will give you a maternity report showing the date of delivery and the day on which the leave begins.
In the case of salaried workers, this document must be delivered to the company so that it can provide you with the company certificate indicating the period covered by the maternity or paternity leave. The company will register this information with Social Security.
Next, you must carry out the rest of the procedures through two possible ways:
1) By telematic means
To complete the procedure online, you must do so through the Social Security electronic office. For this you need to have the digital certificate (if you do not have it and want to obtain it, click here to find out how to do it) or the permanent Cl @ ve .
Once you enter with your password, a simulator will appear that will inform you about the amount of the perception and how long the paternity or maternity benefit will last. Afterwards, you must press the “Request Service” button and fill in the form with all the information that they ask for.
When you have finished the whole process, the browser will download an executable file in JNLP format, which will be used to electronically sign the application and proceed with its presentation . Social Security will quickly resolve our request, and within 24/48 hours, the file will be resolved.
2) In person
If you want to request your benefit in person, you must go to a Social Security Information and Service center, requesting an appointment or by calling 901 10 65 70. The Social Security Institute sends the resolution of the request to the address of the interested party, who will receive the first income the second week of the month following the recognition of their benefit.
The documents that you will have to provide are the following:
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Application form for maternity and paternity leave , which will be different according to the circumstances of each case (birth, adoption, foster care …) and whether you want to enjoy the leave in full or in multiple periods, as well as whether the mother wants to give part of the permission to the other parent. You can download all the models here.
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If you work for someone else, you must deliver the company certificate that we have discussed above. If you are self-employed you must download and fill out the declaration of activity status as a self-employed worker (click here)
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In addition, you will have to present your ID, family book or certification of the child’s registration in the Civil Registry and the maternity leave report with a copy. Remember to also bring the bank account number where you want the benefit to be entered.
Photos | iStock
More information | Social Security – Birth and care of the minor; Social Security – Duration of the subsidy for Birth and childcare, ‘Having a child’ – Public Administration
In Babies and More | Paternity leave: what procedures do you have to do to apply for the new 12-week benefit, Childcare leave: everything you need to know before applying for it
