One of the great concerns of mothers and fathers in Spain is to carry out a reconciliation of labor obligations with proper attention to children. To answer some of the questions we ask ourselves after the labor reform carried out by the government in recent months, ABA Abogados They explain to us in 10 points, what are the rights of workers in this regard.
Thus, one of the members of this law firm (Rosa López), collects the most important issues to consider for fathers and mothers who for the first time face this new situation.
Maternity, paternity, and breastfeeding leave
1.- How long is maternity leave?
The duration of maternity leave is 16 weeks, of which 6 must necessarily be enjoyed immediately after delivery. In case of multiple birth, it will be extended two more weeks for each child.
The rest period may be enjoyed only by the mother or, at her option, also by the other parent in the event that both work, without prejudice to the 6 weeks immediately after delivery, mandatory rest for the mother
In the cases of adoption or foster care, the permit will have an uninterrupted duration of 16 weeks that can be extended by two weeks for each minor, from the second, in the case of multiple adoption or foster care.
2.- Duration of paternity leave
The paternity leave has a duration of 13 uninterrupted calendar days, expandable by two more days for each child from the second in cases of multiple birth, adoption or foster care.
3.- Who pays the worker's salary during maternity / paternity leave and how much does it amount to?
Once the maternity / paternity leave begins, the worker will be in charge of Social Security. The benefit amounts to 100% of the regulatory base (total salary up to the maximum of the contribution base).
4.- What is the nursing license?
The worker will be entitled until her child reaches nine months of age, to one hour of absence from work that can be divided into two fractions. The duration of the permit will be proportionally increased in cases of childbirth, adoption or multiple foster care.
This time can be replaced by a reduction of half an hour of the day or accumulate in full days, sow and when the collective agreement of application so picks it up or an agreement with the company is reached.
This right may be enjoyed interchangeably by the father or the mother if both work.
Reductions in working hours and leave
5.- In what terms can a worker benefit from a reduction in working hours for child care?
For legal guardians, a child under eight years of age may take care of a reduction in the daily work, with the proportional salary reduction of at least one eighth and a maximum of half of it.
Likewise, the parent, adoptive or welcoming of preadoptive or permanent character, will be entitled to a reduction of the working day, with the proportional decrease of the salary of at least half of the duration of that, for the care, during the hospitalization and continued treatment of the minor in charge, affected by cancer (malignant tumors, melanomas and carcinomas) or for any other serious illness, which implies a long-term hospital admission and requires the need for direct, continuous and permanent care and, at most, until the child reaches 18 years.
6.- Can the company refuse to grant the worker a reduction in working hours in the terms requested by him?
The reduction in working hours constitutes a individual right of workers, men or women. Consequently, the worker may choose the time schedule that best suits his needs, and this must be accepted by the employer, with the sole exception that two or more workers request to enjoy the aforementioned right simultaneously, in which case the company may limit its exercise for justified reasons of operation of the company.
7.- In what terms can a worker benefit from a leave of absence for the care of a minor?
Workers will be able to take advantage of a period of leave of no more than three years to attend the care of each child, both when it is by nature, as by adoption or in cases of foster care, both permanent and pre-adaptive, from the date of birth or, where appropriate, of the judicial or administrative decision.
The leave may be enjoyed in a fractional manner and constitutes an individual right of workers, men or women. However, if two or more workers of the same company want to exercise this right simultaneously, the employer may limit its exercise for justified reasons for the operation of the company
8.- Once the leave is over, does the worker have the right to reserve his job?
During the first year you will have the right to reserve your job. After this period, the reservation will be referred to a job in the same professional group or equivalent category. However, when the worker is part of a family that has officially recognized the status of a large family, the reservation of his job will be extended up to a maximum of 15 months in the case of a large family of general category, and up to maximum of 18 months if it is a special category.
9.- Can the company fire a pregnant worker or a worker who is enjoying the leave for breastfeeding, reduced working hours or leave of absence for child care?
The company can fire in any case. The difference between firing a pregnant worker, during the first nine months after the birth of the child or while enjoying a reduction in working hours and another that is not in any of these situations, is that in the first case if the dismissal were unjustified it would be void. Therefore, the company would be obliged to reinstate the worker in his job, once the court recognized the illegality of dismissal without the possibility (unless agreed) to replace said readmission with the payment of compensation. In the second case, the dismissal would be inadmissible, so the company could simply pay the corresponding compensation.
Other permits to reconcile work and family life
10.- What other permits can a worker take to reconcile his work and family life?
The father will be entitled to two calendar days for the birth of his son, which together with the paternity leave of 13 calendar days, would add a total of 15. The worker may be absent from the company for the essential time to perform prenatal exams and delivery preparation techniques that must be performed within the workday.
In the case of premature children or those hospitalized after childbirth, one or the other may be absent one hour a day or reduce the day to a maximum of two hours with a proportional decrease in salary.
We thank ABA Abogados for this thorough task of collecting the rights of working moms and dads to reconcile work and family life. And we wish to this office created in 1995, many professional successes.
