In March 2019, paternity leave was expanded for any employer, employee or worker (including self-employed persons) who were the father of a newborn. At first the permit was extended from 5 to 8 weeks for births until December 31, 2019, but in 2020 a new paternity leave was established that extends the duration to 12 weeks.
This new paternity leave, the main objective of which is to equip it with the maternity period progressively, so that by 2021 it will increase to 16 weeks, totally equal it with maternity leave.
Aware of this change, we will tell you everything related to paternity leave by 2020,so that companies can prevent it and take it all into account in order to face these new permits.
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Self-employed paternity permit: How long does it last and what requirements do you have to meet?
How long does the 2020 paternity leave last?
Following the passage of the last General Budget Law, paternity leave was established in the 8 weeks for births until December 31, 2019. By 2020, paternity leave increased to 12 weeks from January 1. And from 1 January 2021 it will be equated with maternity leave, increasing leave to 16 weeks.
Workers who have been parents will have to take the first four weeks of leave uninterruptedly after childbirth,while the remaining eight weeks will be able to be enjoyed in an interrupted manner, until the newborn turns 12 months of age.
In this way, after the mandatory rest period has ended, the worker could decide whether or not to enjoy the remaining permit, and when to enjoy it. It should be made clear that the permit is 100% non-transferable, so the time that is not enjoyed will not be able to give it to the mother.
There is also the possibility of enjoying paternity leave on a full- or partial-time period of a minimum of 50%, provided that it has been previously agreed with the company.
Also, in case of multiple birth the paternity leave 2020 will be expanded by 2 weeks for eachchild, from the second.
What is the provision of paternity leave 2020?
The provision of the new paternity leave shall be the equivalent of 100% of the regulatory basis established for temporary disability benefit, and shall be wholly exempt from IRPF.
The IRPF exemption for paternityleave has retroactive effect, which means that the worker could claim all amounts withheld since 2014, if they had not been exempted.
However, during the paternity leave the company will have no obligation to remunerate the worker,since the social security is responsible for that benefit. What is mandatory is that the company continues to quote the fees at its expense.
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How should a company replace a paternity leave worker?
As long as a worker is desused by paternity, the ideal for their replacement is that the company enters into an interim contractwith a bonus to an unemployed person, as this could benefit from a 100% bonus on the social insurance of the replaced worker, and 100% on those of the interim worker from the fees of his office.
- 100% bonus on the social security business fees of the contracted worker to replace the paternity leave employee, including those of work accidents and occupational diseases, and in the business contributions of joint collection fees. The company should only enter the corresponding worker’s contributions,which will have previously been deducted from the payroll.
- 100% bonus on the business social security fees of the worker who is resting for paternity, including accidents at work, occupational diseases and business contributions from joint collection fees. This bonus is only valid if the suspension of paternity activity and the interim contract of thesubstitute worker coincide.
conclusion
The new paternity leave has increased to 12 weeks by 2020, with the goal of 2021, of being definitively equated to maternity leave reaching 16 weeks. For companies this paternity leave hardly affects their day-to-day life, as it is Social Security that pays the worker the subsidy. The only setback they might have is to find a replacement to take on the worker’s duties until the return of his descent.
