In 2020 a extension of paternity leave, that you intend to equate equal the leave of the mother and father, both in duration and treatment. The objective of this paternity leave is to facilitate the adaptation to the new family member of both the father and the mother, and that both parents have free time to care for the baby simultaneously or consecutively. These warranties extend to the adoption.
We then tell you the requirements necessary to request this permission, how it is requested, its special cases and its characteristics.
Which parents are eligible for paternity leave?
To request permission you must have been a father, and be working with registration in social security, either as self-employed or employed. Apart from these requirements that seem obvious, to request paternity leave you must have contributed a minimum of 180 days, 3 months, during the 7 years prior to the start of the leave, or if not, have contributed at least 360 days to throughout the entire working life. Something important, you have to be up to date in the payment of the obligations with Social Security. They can deny you permission if not.
In this 2020 both father and mother have the right to a leave of up to 12 weeks. The first 4 weeks after delivery are mandatory for both, and the biological mother can give 2 weeks of her permission to the father. In the case of multiple births, starting with the second child, the father is entitled to two more days of leave per child delivered at the birth.
From the 1st of January 2021, both parents will have 16 weeks of leave, having the obligation to enjoy the six weeks immediately after delivery. Officials already have these 16 weeks in effect.
How to apply for paternity leave?
First, the company the father works for has to make a discharge certificate, in it appears the salary of the last payroll. With this, the Social Security calculates the remuneration that corresponds to the worker. Once the baby is born, the father will have to fill out a form of application for paternity benefit in the Social Security treasury.
Documents that you are going to request: baby's birth certificate or family book, copy of ID, company certificate, last payroll, account number. As a future father, you have the obligation to notify the company 15 days in advance of the delivery, so that they can find you a substitute, and have quoted the time we mentioned.
Paternity leave they can deny you if fraud or false paternity is detected, if the father is discovered working during the sick leave period, or when it is about international adoptions that have not been validated and the documents to make it valid in Spain have not been presented.
Paternity leave for the self-employed
If you're autonomous you also have 12 weeks permission. You have to be registered and contributing to the Special Regime for Self-Employed Workers or RETA when you request paternity leave and in the Treasury. The same quote is requested as for employed parents. Not having debts with the self-employed fees, or if you have them, regularize the payments in 20 days. it is
The birth of the child must be notified to Social Security within a period maximum 15 days. When they accept your paternity leave you have a bonusn of the self-employed quota of 100%. And you will charge a subsidy equivalent to 100% of the regulatory base established for the temporary disability benefit, derived from common contingencies.
Paternity leave is exempt from personal income tax withholding, for both self-employed and employed workers, and you can request a refund in the Income Statement. You can also request this refund online, or at the Tax Office, if you were a parent in 2014, 2015, 2016 or 2017.