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Item: Work -> Category: Employment -> Author: PF -> Revision: 13/05/2008
Maternity leave and paternity (Spain)

The maternity leave is one which attaches to the mother on paid when a child is adopted or biological. The paternity is one from which you can enjoy the father in the same cases. The length and conditions of the two permits are different.

 

There is a possibility that one of the two parents abandon part of its permit in favor of another. You can also choose to enjoy the permit in part, ie reducing working hours.

 

Requirements to apply for maternity leave

 

One can ask if you have a biological child, but also recognizes the cases of adoption and foster care when they are higher than one year. If the child is adopted or received less than 6 years old or have some form of disability can also apply.

 

To be eligible for the cash benefit is necessary to be working, be discharged in Social Security or in circumstances such as receiving unemployment benefit or be working abroad, have daily payments of contributions for and have a minimum time quoted:

 

·  If the mother is under 21 years does not require a minimum contribution.

 

·  If the mother is between 21 and 26 years must have a minimum of 90 days quoted in the last 7 years and 180 days quoted to him throughout his life.

 

·  If the mother is over 26 years must have contributed a minimum of 180 days in the last 7 years and 360 days throughout their working lives.

 

Duration of maternity leave

 

The first 6 should be compulsorily enjoyed by the mother at all times. The rest of the period may relinquish the father or enjoy a partial answer.

 

Extending the rest in two weeks after the second child in cases of multiple births. The same applies in case of preterm birth (before week 37 of gestation), because if the mother's request to start counting from the date on which the newborn receives high, except for 6 weeks early.

 

Up to 13 weeks the period could be extended in case of hospitalization of the baby for a while more than 7 days. In the case of mothers who do not comply with the period of trading, the rest will be the same, but the provision only covers 42 days.

 

Amount of the provision of maternity leave

 

So all of the benefit, ie 100% of the base is necessary that the mother has completed a minimum of time quoted depending on their age.

 

The base figure is calculated from the base price of the previous month. The contribution base salary is contained in the payroll before removing the amounts for Social Security and the payment of income tax.

 

If the mother has no day quoted enough to enjoy this benefit, the amount is equal to the minimum wage Interprofessional. If the base it deserves for his salary is lower, the benefit is calculated from this.

 

Permission maternity part-time

 

There is a possibility that from 6 weeks of uninterrupted compulsory leave, the mother agreed with the company to enjoy the rest of the period of rest in part, by reducing the length of their workday.

 

For this to happen it is necessary for the company and the employee reach an agreement. This possibility also exists in the case of paternity leave.

 

Application of maternity leave

 

It alone at the National Institute of Social Security or the Instituto Social de la Marina in the case of workers of the Sea. The application model officer in the case of women workers in the general scheme of the Social Security must be accompanied by the following original documents and its photocopy:

 

·  National Identity Document.

 

·  Certificate of last company that has worked.

 

·  Maternity Report issued by the health-care center that has served childbirth.

 

·  Book of family or certificate of registration in the Civil Registry of the newborn.

 

In the case of special schemes differ some documents. If motherhood is adoption and foster care will be needed other certificates as the judgment has been granted legal custody.

 

Parental Permission

 

It lasts for 13 days, in addition to 2 for permission for the birth of her child. It can be ordered in the same cases that the maternity, ie by birth, adoption and welcome, provided they are over one year or less have less than 6 years or suffer a disability.

 

To apply and be entitled to cash benefit for it is necessary to be working, be discharged in Social Security or in an equivalent situation to receive unemployment benefit, the contributions have paid for and have a minimum of time quoted:

 

·  180 days quoted in the past 7 years.

 

·  360 days quoted along the entire working life.

 

The amount of the benefit and how and where the application is the same as the case of maternity leave. A permit may be enjoyed at all times or in part, provided that an agreement is reached with the company. It can be expanded if the mother gave part of his.

 




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