Before 2007, paternity leave for men was only two days. Something quite unfair, since they also have the right to enjoy the baby. For this reason, paternity leave was extended to 16 weeks. Now, it will be up to 20 weeks. But, When does paternity leave come into effect in 2024?
If you are about to become a parent, whether for the first time or for the second, third... and you want to know everything, below we have compiled everything you need to know about this permit in 2024. Shall we start?
What is paternity leave
Although we know that paternity leave is not difficult to understand, we want to make it clear. This is a leave of absence from the employment relationship for a period of time due to the birth or adoption of a child.
In other words, it is a subsidy granted to workers for the temporary suspension of their work to be able to be with their child. And by workers we must understand both employees and self-employed workers.
Paternity leave is regulated by Royal Decree Law 6/2019, as well as by the Family Law.
How long does paternity leave last?
Currently, paternity leave lasts 16 weeks from the time the baby is born. These must be divided into two different phases:
- On one hand, the first six weeks must be enjoyed compulsorily. That is, a month and a half is mandatory to be on sick leave.
- On the other hand, the remaining ten weeks can be enjoyed however you want. Of course, it must be taken into account that they must be enjoyed within the twelve months following the birth and can be interrupted (one week off and the rest working) or accumulated (all at once).
Although paternity leave is 16 weeks, it is known that, in 2024, without a definitive fixed term, this will be extended to 20 weeks of leave, that is, five months. In fact, it is said that by 2026 the permit will be six months.
Once this comes into force, the phases that we have mentioned will not change too much. And those six mandatory weeks will continue and Afterwards, instead of ten weeks, there will be fourteen weeks that can be enjoyed cumulatively or interrupted. throughout the twelve months after birth (until the child is one year old).
When does paternity leave come into effect in 2024
As we told you before, in 2024 paternity leave will be extended to 20 weeks. The problem is that it has not yet been said when it will be done.
Yes there is rumors about this permit coming into effect in August 2024. But we cannot assure you of the exact date or whether it will really be August (a month of vacation for practically all Spaniards (and especially for the Government) when it comes into force. If so, the measure should be brought to Congress before that month. .
Another option is that this measure can be applied starting in September if there are problems or it does not reach Congress before.
How to request paternity leave
If you are going to have children and are working, you should know that paternity leave is not given to you automatically, but rather you must request it.
To do this, you have two options:
via online
To request paternity leave online, you must have a digital certificate, an electronic DNI (and a reader) or a Cl@ve username and password. If so, the procedures are faster and simpler.
The first thing you have to do is go to the Social Security electronic headquarters or to the Your Social Security Portal. There, once you register, the information about your work will appear first, but if you continue scrolling down, Family will appear and there you will have a link to request the birth and child care benefit.
You would only have to fill out the document and present it. It is the fastest because, by simply giving permission for them to collect the information they need, you will not have to do anything else.
In‑person
The other option you have is go to one of the offices of the National Social Security Institute (by appointment) and bring all the necessary documents to process the cancellation.
What is needed for paternity leave
As we have told you before, paternity leave requires that you be self-employed or employed. If not, it doesn't apply to you.
Now, it is not enough to have been a father. It is necessary Provide a series of documents that guarantee that this subsidy really corresponds to you.
- Original and photocopy of the DNI (if you do it online it is not necessary since you prove your identity).
- Registration of Social Security.
- Birth certificates.
- Family record books.
- Company certificate and last payroll.
Official model of the paternity application (which you will fill out online or download on paper if you go in person).
For the rest of the documents in the online mode, you may not have to attach them but rather give permission for them to access your data.
Can all working men who have children enjoy this subsidy?
A priori we could tell you yes. But in reality there are a series of requirements that must be met.
When you are under 21 years old, there is no requirement. But, from 21 to 25 years old, it will be necessary to have contributed a minimum of 90 days in the previous 7 years, and a total of 180 days.
For over 26 years old, the minimum contribution is 180 days in the previous 7 years, and 360 in total.
That is, if the above is not met, you would not be entitled to this subsidy.
How much is paid for paternity leave
Regarding the amount of paternity leave, this is 100% of the regulatory base (no extras) that it had. In addition, it will be exempt from personal income tax but not from other taxes.
Is it now clearer to you when paternity leave comes into force in 2024 and all the important aspects to request it?