23/07/2024
The 8 week parental leave of absence regulated through Directive (UE) 2019/1158 of the European Parliament and Counsel, passed on 20 June 2019 and inserted into Spanish legislation through the Official State Gazette (BOE) published more than a year, specifically on 29 June 2023, still remains unregulated or developed with regard to the remuneration of said leave or the possibility of being able to choose a part time regime.
For this reason, as of today’s date, this process involves a suspension of a non-renumerated contract (notwithstanding that during the period granted the tax subject must remain registered and pay taxes as if a permit had been issued) and may only be granted on a full time basis.
That said, the European Directive sets forth a maximum changeover term for the remuneration of this leave of absence as of 2 August 2024.
What will happen in Spain from this date onwards?
With just a few days before us prior to the term expiring, it is clear that Spain will not meet said maturity, meaning that many female workers who apply for this leave in Summer 2024 will not receive any remuneration or benefit whatsoever.
The current incumbent of the post of Minister of Employment Yolanda Díaz, has stated that the leave of absence’s remuneration could be proposed as part of the “budgetary negotiation table for General State Budgets for 2025”, which means we would have to wait until that time.
For the regulatory development of this benefit to be granted on a part-time basis, one would have to continue waiting.
See our latest news