Maternity leave is the period of work rest to which the mother is entitled after delivery, adoption or foster care, and for which he receives an economic benefit that compensates for the income he loses when he temporarily ceases his activity.
In general, maternity leave in Spain has a duration of 16 weeks, but there are certain situations in which these days may vary, as in the case of premature birth, hospitalization, multiple birth, or babies with disabilities. We will explain it to you in detail below.
Maternity leave of a general nature
As we have just seen, maternity leave in Spain consists of 16 weeks that must be enjoyed uninterruptedly after childbirth, adoption or permanent foster care for more than one year of a child under six, or a child under 18 years with disabilities
When it comes to childbirth, these 16 weeks the first six are mandatory and from that moment the mother can decide between continuing to enjoy her permission until it runs out, or giving it to the other parent for up to ten weeks.
In cases of international adoption in which both parents are required to travel to the child's country of origin, the withdrawal can be requested up to four weeks before the resolution establishing the adoption.
In Babies and more Breastfeeding permit: what it is and what you should consider if you wish to request itDelivery or multiple adoption
In case of multiple birth, or multiple adoption / foster care, two more weeks per child will be added from the second. That is, the maternity leave with twins or twins will be 18 weeks, 20 weeks in case of triplets, and so on.
Premature birth and hospitalization of the baby after delivery
In case of premature delivery with hospitalization, or if the baby has any condition that requires admission after delivery, there is the option of interrupt maternity leave after the mandatory six weeks after delivery, and resume it after hospital discharge of the baby. During this time, the mother will have a two-hour daily permit while her baby continues to be admitted.
In addition, if the hospitalization lasts longer than seven days, Maternity leave can be extended by as many days as the newborn remains hospitalized after delivery (or within 30 calendar days after birth), with a maximum of 13 additional weeks.
This additional period of enjoyment of the permit, although it corresponds to the mother, can be enjoyed by the other parent if so desired and meets the necessary requirements for it.
In Babies and more Pablo Iglesias wants to set an example and three months of paternity leave will be taken to take care of his twinsWhen the baby has a disability
In the event that the adopted or foster baby or minor has a disability valued at a level greater than or equal to 33 percent, maternity leave will be extended two more weeks; that is, it will be 18 weeks.
In the event that both parents work, the additional period of receipt of the subsidy will be distributed at the option of the interested parties, who can enjoy it simultaneously or successively and always uninterruptedly.
When the degree of disability has not been determined, in the case of newborns, a report from the Public Health Service (SPS) or a doctor's report from a public or private hospital will be sufficient, endorsed in this case by the SPS, in which the disability or its possible existence is recorded .
In Babies and more Childcare leave: everything you need to know before requesting itMaternity leave if the baby dies
In the event that the baby dies after delivery, foster care or adoption, or is born dead after more than 180 days of fetal life, maternity leave and duration of benefit will not be affected, unless the mother requests her return to work after the mandatory six weeks of rest.
Other considerations about maternity leave
- Maternity leave by birth, adoption or foster care also can be enjoyed part time, if the worker and the employer reach an agreement, and always respecting the mandatory six weeks of leave after delivery. On the Social Security website we can consult the requirements that are needed to request this type of permit.
In Babies and more According to the AEPap, maternity leave should be extended to at least six monthsIf he maternity leave coincides with the holiday period set by the company, the mother will have the right to enjoy her vacations when her maternity leave ends, even if the calendar year to which the vacations correspond has ended.
In the event that the mother present some type of disability, the general maternity leave will also be 16 weeks, although the Spanish Committee of Representatives of Persons with Disabilities (CERMI) has been asking the Ministry of Labor for a period of time to extend this permit to 20 weeks.
If the mother is unemployed When birth, foster care or adoption occurs, you will also be entitled to 16 weeks of permission to take care of your baby, as well as due maternity allowance.
Yes the mother died before ending maternity leave, and only in case of childbirth, the other parent may make use of the part that remains until reaching the maximum duration, being compatible with paternity leave.
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