BIRTH PERMIT (BIRTH LEAVE) 2021, (BEFORE PATERNITY / MATERNITY LEAVE).

For births produced from 1/1/2021 onwards, until another labour reform is approved, the summarized conditions of use of the birth permit are the following:

The leave is 16 weeks: 6 compulsory and uninterrupted after birth and another 10 voluntary and deferred leave also after birth and up to 12 months later.

There is no longer the possibility of transferring part of the permission from the mother to the father.

The 10 weeks off can be combined or not with the 6 compulsory and enjoyed in a row or in weekly periods, the 10 weeks off can be separated at the worker's choice.

WHEN DO I HAVE TO DECIDE?

It is not mandatory to decide at the beginning how the 10 weeks off will be enjoyed. Simply, you have to give 15 days’ notice of the enjoyment of each "block" in which those 10 weeks will be separated.

CAN I ENJOY PART-TIME?

The 10 weeks off can be enjoyed part-time, but only if the company agreed.

CAN THE COMPANY DENY THE PERMIT?

The permit does not need "authorization" from the company in terms of its enjoyment or its dates and is independent of the needs or conveniences of the company, both in the mandatory weeks and in the free weeks.

Only when both parents work for the same company, it may limit the simultaneous exercise of deferred weeks for well-founded and objective reasons, duly motivated in writing, only limit the simultaneous exercise, but not the exercise itself. In other words, both will have the permission at the same time in the mandatory weeks, but perhaps not at the same time in the deferred weeks and of course never reducing the total duration of the leave of either of the two. In addition, the company will have the burden of proof of the reasons that they allege in their refusal to the simultaneous exercise, which will have to be in writing.

DO I HAVE PROTECTION FROM DISMISSAL?

Both parents have exactly the same protection against unfair dismissal because of having a child.

Dismissal in the first 12 months of the child's life will be presumed null with mandatory reinstatement unless the company proved that it was appropriate. Protection that both parents can extend up to 12 years of age of their child through a voluntary reduction of working hours, even if it is the minimum of 12.5%.

AND WHAT ELSE ABOUT THE BIRTH PERMIT?

The leave lasts the same in case of death of the child.

The leave lasts 2 more weeks in case of disability of the child. One for each member of the couple.

The leave lasts 2 more weeks for each additional child in the event of multiple births. One for each member of the couple.

In cases of premature delivery and in those in which, for any other reason, the child must remain hospitalized after delivery, the 10 weeks off will be counted from the date of hospital discharge.

In cases of premature birth with lack of weight and in those others in which the child requires, due to some clinical condition, hospitalization after delivery, for a period of more than 7 days, the permit will be extended by as many days as the birth is hospitalized, with a maximum of 13 additional weeks.

All the conditions of the birth permit are the same for both parties, almost, because the mother can enjoy 4 of the mandatory 6 weeks before the birth, but her partner cannot.

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