international employment law firm alliance L&E Global
Spain

Spain: New Royal Decree aims to provide real and effective equality between men and women in the conciliation of personal and family life

Published: © 27-07-2019

The Royal Decree Law 6/2019, which applies to all births that occur after the 1st of April 2019, aims to provide real and effective equality between men and women in the conciliation of personal and family life, by entitling both parents to enjoy the leave for birth and adoption. Therefore, this new regulation establishes that every progenitor will be allowed to take sixteen (16) weeks of leave. Until now, article 48 of the Workers’ Statute used to provide sixteen (16) weeks for the biological mother and five (5) weeks for the partner.

However, the Regulation foresees a gradual application during the following years for partner leave:

  • From the 1st of April 2019, eight (8) weeks of partner leave will be granted. The partner must take two (2) of these weeks full-time and consecutively after the birth.
  • From the 1st of January 2020, twelve (12) weeks of partner leave will be granted. The partner must take four (4) of these weeks full-time and consecutively after the birth.
  • From the 1st of January 2021, sixteen (16) weeks of partner leave will be granted. The partner must take six (6) of these weeks full-time and consecutively after the birth.

The situation for 2019 therefore is as follows:

  • Maternity Leave lasts sixteen (16) weeks. The mother must take six (6) of these weeks immediately after the birth. The remaining ten (10) weeks can be organised by the mother at her discretion, until the child is twelve months old. However, the biological mother can anticipate the suspension up to four weeks before the expected date of birth.
  • Partner Leave is divided between births before the 1st of April 2019 and those after this date.
    • Partner Leave for births prior to the 1st of April 2019 will last five (5) weeks.
    • Partner Leave for births after the 1st of April 2019 will last eight (8) weeks. The partner must take two (2) of these weeks immediately after the birth. The remaining six (6) weeks can be organised by the progenitor at his/her discretion until the child is twelve months old.

In any case, the enjoyment of each weekly period or, if that is the case, the accumulation of those periods, must be communicated to the company at least fifteen days in advance.