If you have had a child and want to spend more time with him, you should know that this is one of your rights as a worker. In this article we tell you everything you need to know for these situations.
Caring for children is a priority for any mother or father. Unfortunately, it is not always easy to combine this care with day-to-day work. There are work agreements that allow you to suspend your work relationship in order to spend time with your children when they require care, such as parental leave.
Maternity excellence is regulated by legislation
The Workers’ Statute regulates leave for the care of a child or relative up to the second degree of consanguinity or affinity when they cannot fend for themselves. In fact, companies are obliged to allow workers to take leave when they meet the requirements of the collective agreement.
Leave for the care of a child is an individual right of workers, whether men or women. It makes it possible to stop working for a certain period of time in order to be able to spend more time with the child.
The worker can request this leave at any time, although you should know that it does not necessarily have to start from birth.
Workers with at least one year’s seniority are entitled to be granted leave of absence for a period of not less than four months and not more than five years. The maximum duration will be three years starting from the birth of the child. This means that it can be enjoyed until the child reaches three years of age.
Therefore, the end of the leave of absence is left to the will of the parents and, therefore, they are what decide the right moment to return to work. The suspension can only be carried out again by the same worker if four years of the previous leave have elapsed.
In childcare leave, the worker has a number of rights that must be taken into account:
It can be taken in instalments within the legal period of duration.
You do not have to justify the reasons for the request.
It lasts from four months to five years.
The worker has the right to reserve his job for the first year.
Once the first year has elapsed, the reservation of his job refers to a job in the same professional group or equivalent category.
If the worker is part of a large family, the job reservation is extended to a maximum of 15 months.
If the worker is part of a large family of special category the reservation of his job shall be extended to a maximum of 18 months.
Both parents may request leave of absence at the same time. If both parents work in the same company, the employer may limit the grant if he considers that this negatively affects the company.
Rights of the company
Leave for the care of children is a right that can be carried out at the moment in which the surplus worker expresses his or her willingness to re-enter the company. The company’s refusal to reinstate is tantamount to dismissal.
As far as the company is concerned, the company is not obliged to pay contributions during the period of parental leave. However, article 237 of the Social Security establishes that during the periods of leave of absence of workers for the care of a child under three years of age, they will contribute 100% for the purposes of retirement, permanent disability, death and survival, maternity and paternity.
The contribution base to be considered will be the average of the bases of the 6 months prior to the beginning of the period of leave. During this time the worker does not have the right to apply for unemployment benefit and the company will be obliged to keep the job for one year.
Finally, do not forget that parental leave is the suspension of the employment contract to care for each child, whether by nature, by adoption or in cases of foster care, pre-adoptive or permanent, even if they are provisional. We recommend that you always communicate this in writing, clearly stating the reason for the leave and with sufficient notice, which is usually 15 days.