January 1, 2021: maternity and paternity leaves are equalized in 16 weeks

Paternity and maternity leave are equal to 16 weeks from this Friday, January 1, a measure that seeks to advance co-responsibility and reduce labor gaps, and for which 2,784 million euros have been allocated this year.

This milestone, , equalizes the two parents and establishes that the benefit for birth, adoption, custody for adoption and fostering purposes is an individual and non-transferable right.

The benefit covers 16 weeks, of which 6 must be enjoyed simultaneously and compulsory immediately after childbirth or a judicial or administrative resolution in the event of adoption, guardianship or foster care.

The other 10 can be added to the 6 mandatory ones or taken in an interrupted manner in minimum weekly periods during the baby’s first year. Full-time or part-time enjoyment of this period will require an agreement between the company and the worker.

This extension is expected to benefit 236,000 parents in 2021

According to Social Security data, it is expected that this extension in 2021 will benefit 236,000 parents and to deal with the equalization of permits, 2,784 million have been allocated in this item, 11.4% more than in 2020.

The amount of these benefits is equivalent to the contribution base of the previous month and is paid directly by the National Social Security Institute (INSS). “The equalization of these permits is a very important and positive measure to promote co-responsibility and help reduce the wage gap between men and women”, they underline from the Ministry of Inclusion and Social Security.

The equality is achieved after a continuous increase since 2018 of paternity leave, which was introduced in Spain in 2007 with 13 days, which were added to the two days of leave that until then included the Workers’ Statute.

Those two weeks were maintained for ten years until 2017, when they became four. In July 2018 it was extended to five weeks, in April 2019 to eight weeks and in January 2020 it was extended to 12 weeks to reach full equalization in 16 weeks in 2021.

Spain, among the most advanced OECD countries in weeks off for the father

The change places Spain among the most advanced countries in the OECD in terms of sick leave for the father, while it remains somewhat below the average in the case of mothers and in a worse place if we look at the conditions of leave for childcare. sons.

According to data from 2018, and measured in the length of the weeks off work after having a child, Spain is slightly below the average of 18 weeks for OECD countries in a classification led by countries such as Bulgaria, 58 weeks, or Greece, 43 , although their maternity benefits during these absences are less than 100% in Spain.

Combining both factors, salary percentage and sick leave duration, Spain somewhat improves its relative position within the classification in that middle part of the table.

As for parenting permits, the changes in Spain in recent years place it as one of the most advanced countries. However, and despite these advances in the duration of the leave, other European countries surpass Spain in conciliation measures such as paid childcare leave.

Thus, Finland allows 26 weeks paid for between 70% and 25% depending on salary level or Norway 46 weeks for 100% or 56 weeks for 80%. In Spain these leaves of absence are not paid.

Equal responsibility?

The Platform for Equal and Non-Transferable Birth and Adoption Permits (PPIINA), which since 2005 has been demanding equalization, denounces that the equalization contains “traps” that have not been corrected and that will discourage co-responsibility in the care of children.

Emphasizes that fathers will not be able to use their permission to take turns with mothers and stay in charge of their baby because the first 6 weeks will necessarily have to be taken from birth, simultaneously with the mother, and because the other 10 weeks will only be able to enjoy interrupted full time if the company allows it.

In his opinion, with the law as it is, men will continue to be simple “assistants” in care and will be more available to companies than women, while mothers will remain the main caregivers and the most precarious workforce. .