Less than three years ago, parents only had 15 days of paternity leave; Today the reality is very different. Since last April 1, the paternity leave has been extended to 8 weeks. Just under two full months that aims equate maternity and paternity leave progressively to equal 16 weeks in 2021.
So, if you are going to be a father soon, you It is interesting to know how to apply for your paternity leave and to be able to enjoy your paid leave. We teach you how to do it.
Who can apply for paternity leave
In order to enjoy this permission, you have to be self-employed or employed and, therefore, to have contributed to Social Security in one of its regimes. The most common is to have contributed in the General Scheme as a salaried employee or as a freelancer in the RETA (or, in some cases, in both at the same time).
In addition, in general, the parent must have a minimum contribution period of 180 days covered within 7 years immediately prior to the request for paternity leave, or 360 days within your entire working life.
In Babies and moreRenta 2018: benefits in the declaration for large familiesWhen can this right be enjoyed?
The first two weeks of permission must be enjoyed continuously from the day of birth. The remaining six may be enjoyed within the child's first year of life, either during the mother's maternity leave or later. In the case of childbirth, adoption or multiple foster care, two more weeks will be added for each child from the second.
In addition, it is possible to enjoy it full or partial form, with a minimum of 50%, and always by mutual agreement with the employer. This possibility is compatible and independent of the mother's maternity leave.
What is the amount of the benefit
The economic benefit of paternity leave It is equivalent to 100% of the regulatory base, which will be the one that corresponds to the provision of temporary disability due to common contingencies, taking as the start date of rest.
This regulatory base is calculated taking into account the contribution base for common contingencies of the previous month to enjoy the permit, excluding overtime contributions, divided by the number of days to which said contribution corresponds. This daily amount is multiplied by the number of days of enjoyment of the permit, in this case, 56.
For example, a worker with a contribution base of € 1500 in the month of October and whose child is born in the month of November will receive a total of € 2709.67. The amount is calculated by multiplying the daily basis for the month of October, which is € 48.38, for 56 days, which is the period of enjoyment of the benefit.
It should be borne in mind that, since the recent Supreme Court ruling declaring paternity and maternity leave exempted, There is no obligation to apply withholdings to these benefits nor pay for them. This amount is, therefore, that which is received in net terms, and will be the one that reaches our bank account.
In Babies and more, have you had a child in 2018? This is how maternity and paternity leave is reflected in your income statementHow to apply for paternity leave
The request is made in any of the Social Security offices, presenting the standardized models. The following documentation must be attached to this request:
- ID card or passport and Foreign Identification Number (NIE).
- Employees they have to request a certificate issued by the company (can be obtained here) stating the start date of the paternity work suspension, if said certificate has not been sent by the company through the RED System.
- The family book or the certification of the registration of the child or children when these data are not recorded in the Civil Registry.
- In case of adoption, we must provide the judicial resolution establishing the adoption or guardianship, or the administrative or judicial resolution granting family foster care.
- In addition to this documentation, you must provide the supporting documents if you are a large family, unemployed, disabled, single-parent family or in case of hospitalization of the newborn after birth, which leads to the extension of the rest period.
The MP1-01 Social Security model
Since last April 1, 2019, the document to request paternity leave has changed. Now you have to fill in the model "Birth and child care by childbirth" and can be downloaded through the Social Security website. It is the model that both mother and father must present.
The header of the document is as follows:
In the first part, we must inform the personal data of both parents or the legal representative: name, surname, date of birth, address, ID, location or province, among other information. In the header, and since it is the father who requests the benefit, the option "Other parent" should be checked.
In the second part, we must complete what is the reason for the request, if it is by birth or pregnancy by replacement, including the start date of rest, the number of children born or if they have any type of disability among other issues.
The third part of the model serves to report applicable regulations. Basically, we must answer with a yes or no if the basic status of the public employee applies to us.
The fourth part defines the mode of enjoyment of the benefit. In the first section it is informed if the mother will enjoy the rest before the birth, but it is not applicable in case the applicant is the father. In addition, it will be informed whether or not the mother is going to assign part of the rest to the other parent (it can give up to 4 weeks), if the rest is complete or part-time, and the dates of the beginning and end of the rest.
In case the enjoyment is part-time, the interested party must present:
- In the case of employed persons, document proving the agreement between employer and employee on the enjoyment of rest. The file can be downloaded on the Social Security website.
- In the case of self-employed workers, a document of the interested party where the terms in which the regime of partiality of the activity will be carried out are collected. It can be downloaded from the Social Security website.
In case we want to enjoy the permit in multiple periods, we must fill out another document that can be downloaded on the Social Security website.
By last, the last parts serve to inform of other relevant data, such as the tax residence of taxpayers, the bank account of both spouses or the presentation of allegations, among many other data.
Once this model is completed, we must request an appointment at one of the Social Security offices and submit it. In that same moment, the public employee will inform us of whether or not we have the right to the benefit and its amount. It is also possible to present it through the Internet.
The Social Security Institute sends the resolution of the request to the address of the interested party, that you will receive the first income the second week of the month following the recognition of your benefit.
And from that moment, we just have to worry about taking care of our son.
