After six days of waiting, the Royal Decree-Law 6/2019, of March 1, on urgent measures to guarantee equal treatment and opportunities between women and men is finished publishing today in the Official State Gazette (BOE) in employment and occupation.
Includes expected extended paternity leave to eight weeks in 2019 that will take effect from April 1, 2019, delaying more than three weeks as planned. It also includes the extension to 12 weeks in 2020 and to 16 weeks in 2021.
Postponed until April 1
The extension of the paternity leave, which had been a promise of the Government for a year, had been left in the air due to the non-approval of the general budgets.
Finally, on March 1, the approval was announced through a royal decree that would enter into force on March 6, prior publication the day before in the BOE. But this post was delayed until today.
In Babies and more Approved the eight-week paternity leave in 2019 and its progressive extension until 16 weeks in 2021Everything pointed to the fact that, after the publication of the royal decree in the BOE today, it would take effect tomorrow, March 8, Working Women's Day, but the text includes in its final provision three exceptions, one of which specifies that the measure will be effective as of April 1. The text clarifies at the end:
"The provisions of paragraph 2 of article 2; paragraph three of article 3; and paragraphs seven and eight of article 7 it will enter into force on the first day of the month following its publication".
According to government sources, because they have to "finish enabling the computer system and change the concept 'maternity leave' to 'birth permits."
Paternity leave will be extended from the current five weeks to eight weeks for births or adoptions that occur from April 1.Equalization of paternity and maternity leave
As stated in the wording of the document, "Articles 2 and 3 of this royal decree-law equate, in their respective fields of application, the duration of the birth permits of the son or daughter of both parents"
And it is added that:
"In this way, an important step is taken in achieving real and effective equality between men and women, in promoting the reconciliation of personal and family life, and in the principle of co-responsibility between both parents, both essential elements for compliance with the principle of equal treatment and opportunities between men and women in all fields. "
This comparison is carried out progressively, to allow companies time to adapt:
Paternity leave will become eight weeks from April 1.
He January 1, 2020 will be extended to 12 weeks.
From January 1, 2021 the permit will be 16 weeks.
In the case of multiple births, the permit will be extended by two more weeks for each child from the second.
In this way, in 2021 the Government's objective of achieving equal, non-transferable and paid paternity and maternity leave will be achieved. They will be equal and non-transferable for both parents and they will be called birth permits, which includes childbirth or adoption and care for children under 12 months.
In Babies and more Maternity and paternity leave equal and non-transferable, but what do babies really need?Distribution of paternity leave
Of the eight week permit, the first two will be mandatory and must match them with the mother's permission. The remaining six can be enjoyed within the first year of the child's life.
In 2020, after 12 weeks of leave, parents must take mandatory and uninterrupted the first four, and in 2021 the first six. The remaining weeks may be enjoyed during the 12 months following delivery or adoption, and may never be assigned.
If there is agreement with the company, you can enjoy the non-compulsory weeks of full or part-time leave.
If the two parents exercise the permit “with the same duration and regime” (both enjoy 10 weeks after the mandatory six in 2021), they will have an extra week each.
