Paternity leave in Spain saw an increase this year as a result of RD-Law 6/2019 of Urgent Measures. The law guarantees equal treatment and opportunity between men and women in employment and occupation.
Effective dates – Beginning in 2020, male employees receive 12 weeks of paternity leave. In 2021, paternity leave increases to 16 weeks making it equal to what mothers currently receive.
- There is now a mandatory period of 4 uninterrupted weeks of paternity leave immediately after childbirth for both mother and father.
- After that, the father can take the other 8 weeks continuously or interruptedly, by week and on full, or partial time arrangement during the child’s first year.
In the case of adoption
Each adoptive or foster parent receives 6 weeks of mandatory uninterrupted leave which they should take during the first 12 months after the child comes into their home. The law extends this leave on a voluntary basis for up to 16 weeks for each adoptive parent. Also, one parent can leave the other parent up to 6 weeks of their leave.
Paternity leave paid by Social Security is exempt from the employee tax. This is already the case for social security’s maternity leave payments.