Childcare And Birth Benefits
On March 7, 2019 , Royal Decree Law 6/2019 of March 1 was published regarding benefits for the birth and care of the minor. This decree modifies the suspension of the contract for birth, adoption, custody for adoption and foster care, and the Social Security benefits set for their protection.
The new measures seek to guarantee equal treatment and opportunities in employment between men and women. Its purpose is to equalize rights and try to enforce the duties of sharing domestic responsibilities and caring for minors.
The entry into force of the new regulations, both for the benefits for birth and care of the minor and for the permits for birth, adoption and a parent other than the biological mother is April 1, 2019. This means that the causative events must have occurred as of that date.
Next, we will see some elements to learn more about the benefits for the birth and care of the minor.
Who are the childcare and birth benefits for?
These benefits are included within the protective actions of all Social Security regimes. The situations that are considered protected are several. First, there is, of course, the birth of a son or daughter.
Adoption, custody for the purpose of adoption and foster care (whose duration is not less than one year) is also considered a protected situation. This is valid in the case of children under six years of age.
The beneficiaries are employed or self-employed persons, men and women, who are in a situation of discharge or assimilated to discharge or who are on periods of rest or leave for the birth and care of a minor. All beneficiaries must have the minimum contribution periods, which vary depending on the case.
In practice, employed or self-employed workers who have given birth and meet all the requirements except the minimum contribution period, will also benefit from the birth allowance.
When does the child care and birth benefit start?
In the event of childbirth, you will be entitled to the allowance from the same day the rest period begins. This period can start on the same date of delivery or the beginning of the rest, which may be earlier.
Indeed, the mother can anticipate rest for up to a period of four weeks before the expected date of delivery. This date must appear in the maternity report of the Public Health Service. The decision is up to the mother.
In the case of adoption or custody for the purposes of adoption or foster care, the right to subsidy begins from the date of the judicial decision on the adoption or the administrative decision of custody. In the case of international adoption, the subsidy can begin up to four weeks before the resolution in case the previous displacement is necessary.
Subsidy duration
The duration of the subsidy will be equal to the duration of the corresponding rest periods or permits, according to what is stipulated in the Workers’ Statute and in the Basic Statute of the Public Employee.
In case of birth, the biological mother will have a suspension period of 16 weeks that can be distributed in different ways. Immediately after delivery, you will benefit from a mandatory and uninterrupted six weeks.
The remaining ten weeks can be enjoyed full or part time. These periods can be taken continuously after the mandatory period, or interrupted until the child is 12 months old. The mother may also anticipate the start of rest up to four weeks before delivery.
The other parent will be entitled to a subsidy and suspension for a total of eight weeks. Of these, two weeks must be taken without interruption immediately after delivery.
The remaining six weeks can be taken full or part time. These weeks can be continuous after the mandatory period or interrupted until the child reaches 12 months.
The two days of leave that companies had to grant parents disappear with this new law. In the event of the death of the biological mother, the other parent is entitled to the 16 weeks that correspond to him.
