Maternity Or Paternity Leave In A Company
In short, maternity or paternity leave is a leave that is requested from the company to stop working for a certain period of time and have the possibility of caring for or spending more time with a child. During this time, neither work nor salary is received.
Who can request maternity or paternity leave?
The maternity leave or paternity leave is a right protected by Article 46.3 of the Statute of workers. For this reason, any worker, man or woman, can assert their right and request the company leave for maternity or paternity, as the case may be.
When can maternity leave be requested?
The only requirement regarding this is that the child be under three years of age. So, at any time that we think is convenient or we need, we can request maternity or paternity leave, complying with the age requirement of the child.
It is also advisable to do it at least 15 days in advance. Although some collective agreements may ask for other requirements, such as a longer notice period or a special form to make the request.
The length of the leave of absence is variable. It can be requested for the time remaining until the child is 3 years old. It is also possible to do it in a fractional way. For example, being on leave of absence for 3 months, then returning to the company for three months and then having the leave of absence again. Everything will depend on the needs of the worker.
What should the company do?
The company is obliged to accept the request for maternity or paternity leave. In no case and under no circumstances may the company deny said request. In addition, you must completely liquidate the worker. That is, you must make the payment of salary, vacations, etc.
With regard to social security contributions, the company ceases to contribute for the worker for the period of time that the maternity or paternity leave lasts.
Could there be layoffs during maternity leave?
Yes, the company can fire a person on maternity or paternity leave, but never for this reason. If the reason for the dismissal is not valid, or it is determined that it was carried out because of the leave of absence, then the dismissal would be declared void.
The case may also occur that the dismissal does not occur during the period of the maternity leave, but immediately after the reinstatement. Then, the time of maternity leave will not be taken into account when calculating the contribution period. In such a way that the price is not affected by having been on leave of absence.
Workers’ rights during maternity or paternity leave
The worker reserves the right to return to the same job in the first year of the leave of absence. However, in special cases such as large families, said reservation of the position can be extended up to 15 or 18 months, depending on the case.
After the first year of leave has elapsed, you can return to an equivalent job. But not necessarily to the same position. The period varies in special cases, as indicated above.
So, in summary, the worker who requests a maternity or paternity leave has the right to return to the company. Either to occupy the same job position or, failing that, a similar one.
Re-entry of the worker
The law does not establish the need to notify the company of the reentry. However, what is stipulated in the contract or collective agreement must be taken into account. In addition, it is a courtesy rule with the company to give a written notice 15 days in advance in which the date of reentry is indicated.
Under no circumstances can the company deny the re-entry of the worker who is on maternity leave. If this is the case, the worker must take legal measures so as not to lose their rights. The right of re-entry was sentenced by the Supreme Court in 2013, and therefore no company can deny it under any pretext.
