SPAIN Trends and Developments Contributed by: Jacobo Martínez, Juan Alonso and Luis Aguilar Romera, Eversheds Sutherland Spain
• The following 11 weeks (22 in the case of single- parent families) can be distributed at the mother’s discretion, in weekly periods, either consecutively or intermittently, and can be taken from the end of the mandatory rest period until the child turns 12 months old. • An additional two weeks (four in the case of single- parent families) can be taken for child care, dis - tributed in weekly periods, either consecutively or intermittently, until the child turns eight years old. The extension of the two weeks for parental care (four in the case of single-parent families) applies to events occurring from 2 August 2024, although this right may be requested from 1 January 2026. In addition, the law states the following points regard - ing the nature of this right and special circumstances: • the maternity/paternity right is individual, equal and non-transferable;
• the leave can be taken on a full-time or part-time basis, subject to agreement with the employer; • the leave is extended by two additional weeks for both parents in the case of a child’s disability, and by one additional week for each child from the second onwards in cases of multiple births; • in cases of premature birth or neonatal hospitalisa - tion, the leave can be extended by up to a maxi - mum of 13 additional weeks; • in the event of the child’s death, the suspension period is not reduced, unless, after the six manda - tory weeks, a return to work is requested; and • if the mother dies, the other parent may use the entire leave or the remaining part of it. During the entire leave period, the mother receives 100% of her social security regulatory base. In this sense, the leave period counts as effective working time for all purposes, guaranteeing full economic rights and reinstatement to the job under no less favourable conditions (as already stated in the former legislation).
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