Fifteen years ago, a new dad was only allowed two days off to be with his newborn child.
The first paternity law reforms came in 2007 via the Spanish Law on Gender Equality which introduced a non-transferable, two-week paternity leave with a 100% wage compensation, followed by other expansions, adjustments and improvements over the years. Additional reforms were proposed for the 2019 budget by the left-wing party Unidos Podemos and had the support of PSOE, but it fell through when Prime Minister Sánchez's minority government lost the support of Catalan pro-independence parties.
Along with other progressive measures that were tabled when the budget was rejected, the government did pass the “Royal Decree Law on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation” on March 1, 2019 which provided for incremental increases in paternity leave over the next two years. On April 1, 2019 it was expanded from five to eight weeks. On January 1, 2020 it was extended to 12 weeks. On January 1, 2021 it was extended a further four weeks for a total of 16 weeks, making dads’ paid time off equal to paid maternity leave for the first time in Spain’s history.
What Does the Law Cover and Who is Eligible?
As long as the father has correctly paid his social security contributions—for a minimum of 180 working days within the past seven years or 360 total days in his entire professional life—100% of his salary will be covered. This money comes from the Spanish government, not his employer, though employers are liable for certain taxes that pertain to the salary, such as withholding.
The first six weeks must be taken immediately and consecutively after the child’s birth, whereas the other 10 weeks can be taken non-consecutively during the first 12 months of the baby’s life, which can be extended by one week per child in the case of a multiple birth. An extra week’s leave can also be applied for if the baby is born with a disability or health problems. If the baby is premature or has to be hospitalized for longer than seven days, leave can be extended for up to an additional 13 weeks.
Read the steps in the application process: Spain's Paid Paternity Leave, Step by Step.
Freelance workers can also apply for 16 weeks’ paternity leave from the government. The amount they receive is calculated based on how much they regularly pay into the social security system under the autónomo system.
Leave is no longer transferable between partners, meaning that if one parent decides not to take the time off, their partner can't add those weeks to their own time out of the office.
The law protects both parents from being fired from their jobs for taking leave.
Same-Sex Couples and Adoptive Parents
In same-sex couples, both parents are entitled to paid leave. One will have to apply for paternity benefits, and the other for maternity benefits. However, in order to qualify for paid paternity (or maternity) benefits, it is essential that each parent has a legal link with the child. This means that paid leave will only be granted either: if you are a biological parent; or if you have legally adopted the child. Being married to the biological or adoptive parent of a child does not qualify you for paid leave.
When adopting or fostering a child, each parent is eligible for the same 16 weeks as is the biological parent if the child is under six years old. If the child is older, both adoptive parents are eligible for the remaining optional 10 weeks that a biological parent would have after the first obligatory six weeks after birth.
Why the Changes?
The Platform for Equal and Non-Transferable Birth and Adoption Leave and other organizations have been lobbying for a change in the law for well over a decade. Their stated goal is to encourage Spanish men to take a more active role in childcare, thereby opening up more work opportunities to women and decreasing the likelihood of gender discrimination in the workplace. Equal time off after the birth of a child implies equal responsibility between both partners.
Read more: 3 Ways Companies Could Offer More Father-Friendly Policies That Will Help Women
Carmen Calvo, Deputy Prime Minister of Spain, has been quoted as saying in defense of the new paternity law that “motherhood cannot be a weapon that’s used against women's employment and civic development, it should be a woman's choice.” Ostensibly, equal time off for men should mean that women will not be obligated to choose between their careers and starting a family.
The question now is whether or not men will take advantage of the time off, either due to ingrained cultural norms regarding childrearing or because they’re worried about potential negative repercussions for their careers.
How Spain Compares to Other Countries
What’s it like in the rest of the world?
While the number of countries offering some kind of statutory paternity leave has more than doubled since 1994, nearly two out of three babies in the world live in a country where fathers have no right to paid time off when their partner has a child.
Of all the countries on the planet, Japan and South Korea offer the most extensive paternity benefits—up to a year of paid leave—but according to the Organization for Economic Co-operation and Development, most men rarely take advantage it due to perceived stigma in the workplace. The average length of paternity leave around the world is eight weeks.
The United States, Papua New Guinea, Suriname, and a few Pacific Island countries are some of the only countries where there is no law guaranteeing paid leave for either mothers or fathers. In spite of the absence of a federal law, some states in the US have implemented their own laws, but these are more likely to offer time off to a newborn’s mother, not the father.
These latest reforms put Spain ahead of other countries in Europe when it comes to paid paternity leave, though in some countries such as Sweden, maternity leave is much longer and both partners’ time off is transferable. This means that the leave offered to the father is less than in Spain, but the total leave time available to both parents cumulatively is more and can be taken by either.