CONDITIONS AND RIGHT OF SELF-EMPLOY IN SPAIN TO GET PATERNITY LEAVE

The conditions and rights of workers who have been parents have changed dramatically in recent years. If only three years ago, the parents were only entitled to 15 days of rest, in 2017 it was extended until four weeks, in 2018 until five weeks and in 2019 it was extended until 8 weeks.

As of January, the rights of new workers who are parents change again. This next year, new parents will be entitled to 12 weeks of paternity. This break will also be applicable in cases of adoption and foster care. The objective is that in 2021 the maternity and paternity leave be equated, extending both until 16 weeks.

Requirements to enjoy paternity leave

As a freelancer, you have to meet certain requirements to be able to enjoy paternity leave and the benefit derived from it:

– Be registered in Social Security and up to date with your payments.

– Notify the birth (adoption or foster care) in the first 15 days of the baby’s life in a Social Security office or, electronically online through its own website.

– You must have quoted a minimum of 180 days during the 7 years prior to the time you request the leave or, 360 throughout your entire working life.

To notify the birth you will need your ID, the birth medical report, the family book or the certification of the registration in the Civil Registry of the baby. Also the completion of the corresponding Social Security model, the activity situation document in which it will be verified that you are autonomous and the account number in which the income must be made.

In case of talking about adoption, or reception, you must present the judicial resolution that accredits it.

How much will you charge

Remember that this is a measure that aims to favor family reconciliation by alleviating the lack of gain in the first days of the new child while father and mother are in their care.

Therefore, you will receive a benefit equivalent to 100% of the regulatory base established for the temporary disability benefit. What would come to correspond with your contribution base.

And watch out! Because this is also new, change the way you have to enjoy this paternity leave. Of the 12 weeks that you are leaving, you will be required to take a rest 4 immediately after the birth of the child and full time.

Low for weeks and part-time

And what about the rest of the time to which you are entitled? You have several options. The first is that you continue with the low, uninterruptedly, the next 8 weeks that remain. In this case, the mother can even give you 2 more weeks of maternity leave, so you would find a total of 10 more weeks.

The second option is that you make use of that remaining time in several periods of time and always during the child’s first year of life. In fact, if you don’t do it in the first 12 months of life, you would waste the time you have left.

You can request the cancellations by weeks and prior notice of the chosen periods. And full-time or part-time (reducing, in this case, the amount proportionally).

Do you have any question? Contact us