New laws have started to come into force which guarantees equal rights and treatment of both women and men in the occupational benefits when caring for children.
As of the beginning of April, parents other than the birth mother of all newborn babies will be entitled to eight weeks of leave, compared to the five weeks they had since the summer of 2018.
The first two weeks of paternity leave must be taken jointly with the mother and immediately after the birth.
The next 16-week cycle then includes various other stipulations and requirements.
The first 6 weeks after delivery should be uninterrupted and full-time.
The remaining 10 weeks may be distributed at the will of the parent, in weekly periods of cumulative or interrupted, full-time or part-time, and be exercised from the end of the mandatory suspension of the contract after childbirth until the child reaches 12 months of age.
The request to take the leave, as the case may be, of the accumulation of these periods, must be communicated to the company at least 15 days in advance. When the two parents work for the same company, the business management may limit its simultaneous exercise for well-founded and objective reasons, duly motivated in writing.
In the event of the death of the son or daughter, the period of suspension will not be reduced, unless, after completing the mandatory 6 weeks of rest, the reinstatement to the job is requested. Here too the right is equated to that of the biological mother.
All this is also contemplated for adoption cases, custody for adoption and foster care.
The laws guaranteeing the leave will be implemented over the next few years:
As of April 1, 2019: the suspension of the contract by birth will last for 8 weeks, of which the first 2, must be enjoyed uninterrupted immediately after delivery. The biological mother may assign the other parent up to 4 weeks of their period of suspension of non-compulsory enjoyment.
As of January 1, 2020: 12 weeks, the first 4 uninterrupted. The biological mother may give up 2 weeks.
As of January 1, 2021: 16 weeks, of which the first 6 must be uninterrupted. As of this moment neither of the parents can transfer this right to the other.
In order to standardised the equality of the law, the term “maternity” is now replaced with “Birth and care of minors” and instead of “paternity”, “Stewardship in the care of the infant”.
