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.
Since January 1 of this year, fathers have 16 weeks of paternity leave to take care of their children, matching that of mothers in time. If you have just become a father or are going to be one throughout this year, we explain what you must do to process your permit and enjoy the benefit.
How to enjoy 16 weeks of paternity leave
Paternity leave is contemplated in the Royal Decree Law on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation, approved in March 2019, and includes the duration of rest and benefits that parents must receive by birth of a child, adoption, guardianship for adoption and foster care.
This rest period is currently 16 weeks non-transferable , equating in terms of duration to maternity leave. Paternity leave has been increasing in recent years, going from 15 days in 2007, to 12 weeks in 2020 and the 16 weeks that can be enjoyed from January 1 of this year.
As we have already explained on other occasions, the 16 weeks that parents have can be used as follows:
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The first six weeks must be enjoyed in a mandatory way immediately after delivery and simultaneously with maternity leave, court order or administrative decision in the case of adoption.
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The remaining ten weeks will be enjoyed in weekly periods, accumulated or interrupted, within 12 months following the birth, judicial decision or administrative decision in the case of adoption.
The first section will be enjoyed full-time, while the second can be distributed full-time or part-time, but cannot be assigned.
If the two parents exercise the leave “with the same duration and regime”, that is, they both enjoy the 10 weeks after the mandatory six , they will each have an extra week.
In addition, the extension of the permit is considered if :
- There is multiple birth, adoption or foster care, a week will be extended for each parent for each child, from the second.
- A child has a disability, it increases by one week for each parent.
- Preterm delivery and hospitalization (for a period greater than 7 days) occurs after delivery: a maximum of 13 weeks.
Amount of the paternity benefit or benefit for ‘Birth and care of the minor’
Since March 2019, the paternity and maternity benefit have been unified in a single benefit called “Birth and care of the minor”. This benefit is a subsidy that is recognized to working men and women during the legally established rest period in the cases of birth, adoption, foster care or guardianship.
The amount of paternity 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.
For its calculation, the worker’s contribution bases for the last six months must be added and divided by 180 to have the regulatory base, which will be the amount that the father can enjoy.
In the case of self-employed workers, the fee is subsidized to 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.
Requirements that you must meet to claim your paternity benefit
To apply for your paternity benefit, you must meet a series of requirements:
- Be contributing to Social Security or in a situation assimilated to 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 that will vary depending on age:
If the father is 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.
If the father 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 his working life.
If the father 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 his working life.
Can I apply for the permit if I am unemployed?
Yes. When the worker is receiving unemployment benefit at the time he becomes a father, the unemployment benefit and the Social Security contribution will be suspended and he will receive his paternity 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.
How to process your paternity leave online or in person
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 or the Tu Seguridad Social portal. For this you need to have the digital certificate (if you do not have it and want to obtain it, click here to know 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) By ordinary mail
If you wish, you can also download and fill out the application form that you will find in this link and send it by ordinary mail to the Provincial Directorate of the INSS or the corresponding ISM, along with the rest of the documentation. In this link you can find the list of addresses.
3) 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 calling the numbers indicated on their website. The Social Security Institute sends the resolution of the application to the interested party, who will receive the first income the second week of the month following the recognition of his benefit.
The documents that you will have to provide in all cases are the following :
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Application form for the benefit , 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 if the mother wants to give part of it 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 Report issued by the Public Health Service. Remember to also bring the bank account number where you want the benefit to be entered.
If you have any questions about how to apply for this permit , you can consult the Social Security practical guide, which includes a step-by-step explanatory video, as well as the virtual assistant for Social Security inquiries and procedures.
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