Extension of leave for the birth of a child to 16 weeks in 2021

As of January 1, 2021, birth and childcare leave will, for the first time, be equalized for both parents, who will each be entitled to 16 weeks of benefit. This will make our country one of the most advanced among its neighbors in equalizing this leave, as is the case in countries such as Sweden, Iceland, and Denmark.

This process of gradually equalizing both types of leave is set out in the Royal Decree-Law on urgent measures to guarantee equal treatment and opportunities for women and men in employment and occupation, approved in March 2019.

Upon the entry into force of this legislation on April 1, 2019,  what was previously called paternity leave increased from 5 to 8 weeks for the remainder of that year, a duration that was then extended to 12 weeks for the whole of 2020, before being equalized at 16 weeks from 2021 onward.

Changes in how leave is distributed between parents

From the start of the year, the 16 weeks of leave for both parents may be divided as follows:

– 6 mandatory weeks, uninterrupted and full-time, following the birth (or the court decision or administrative decision, in the case of adoption). The biological mother may bring this period forward to begin up to 4 weeks before the expected date of birth

– The remaining 10 weeks will be taken in weekly periods, either in one continuous block or in separate periods, within the 12 months following the birth or, in the case of adoption, the court decision or administrative decision.

Extension of the paternity or maternity leave period

There are several circumstances that would give rise to an extension of the 16-week paternity or maternity leave period. They are the following:

– Extension of 1 week for each parent for each child, from the second child onward, in the case of multiple births, adoptions, or foster placements.

– Extension of 1 week for each parent if the child has a disability.

– Extension in the event of premature birth and hospitalization (for a period exceeding 7 days) following the birth, up to a maximum of 13 weeks.

Online application for paternity or maternity leave periods

Since 2020, Social Security has made it possible to apply for this benefit online, so that applicants do not need to travel in person.

To access it, simply visit the online office within the “Tu Seguridad Social” portal using a digital certificate or Cl@ve permanente.

Once logged in, you will find the option to apply to take the successive leave periods.