Since it came into force last year Family Law, there are a series of paid leaves that seek to achieve work-life balance for workers. One of them is the eight weeks leave per parent for the care of children under eight years of age.
This work permit is included in the Royal Decree-Law 5/2023, of June 28, published a day later in the Official State Gazette (BOE). The text indicates that thanks to this permit, working fathers and mothers “will have the right to a parental leave for the care of a son, daughter or minor fostered for a period of more than one year, until now in which the minor turns eight years old“.
Regarding the duration, it will not be more than eight weeks, “continuous or discontinuous”, it can be read in the BOE, and it can be enjoyed “on time.” full or part-time in accordance with the regulations established.”
The Workers’ Statute includes in its modifications this permission in a new article, 48 bis.
Likewise, the text indicates that it is the worker who must “specify the start and end date of the enjoyment” of this permit “or, where applicable, the periods of enjoyment.” For this reason, he will have to communicate it to the company “ten days in advance” or the one that appears specified in the collective agreement, “taking into account the situation of the former and the organizational needs of the company.”
However, although this permission is in force, it should be noted that at the moment is not paidalthough the Government’s intention is for it to be so.
It won’t be until the month of August this year when four of those eight weeks begin to be paid, as explained by labor lawyer Juan Manuel Lorente. For this reason, it is not recommended to apply for this permit before that date.
“I advise you that, if you are going to ask for it, wait a little to be able to collect, even half of the permit,” says Lorente.
