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What it is

Bill to equalize birth and adoption leave for both parents

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 13 March 2017. Introduced by: Grupo Parlamentario Confederal de Unidos Podemos-En Comú Podem-En Marea.

Official title: Private member's bill on the reform of the system of permits and benefits for the care and attention of minors by their parents, in cases of birth, adoption, custody for adoption purposes or foster care.

Source: Congreso de los Diputados, file 122/000087· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill creates an individual, non-transferable parental leave: each parent would get 16 weeks of suspended employment contract, with a benefit of 100% of the base rate, and no part could be transferred or shared.
  2. The leave would come in two parts: an initial parental leave of two mandatory weeks right after birth or adoption, and a child-raising parental leave of fourteen weeks (four mandatory, ten voluntary) to be used within twelve months.
  3. Equalization would be gradual: the other parent's leave would grow from six weeks in 2017 to fourteen in 2021, and from January 1, 2022 both parents would have exactly the same period.
  4. The leave adapts to premature births or hospitalization of the baby: it could count from the hospital discharge date and be extended by up to thirteen additional weeks. Two extra weeks would be added if the child has a disability.
  5. A non-contributory benefit of 42 days would be created for people who lack enough social security contributions, equal to 100% of the IPREM Indicador Público de Renta de Efectos Múltiples: a public reference income figure used to calculate some benefits., with fourteen extra days in cases such as large families, single-parent families, multiple births or disability.
  6. The Government would have to run awareness campaigns, submit yearly statistical tracking of leave use to the Cortes Generales, and approve a plan to guarantee universal childcare (nursery school) places from the day after parental leave ends.

Who it affects

  • Employees who become parents through birth, adoption, foster care for adoption or guardianship: They would each get their own 16-week leave with a benefit of 100% of the base rate.
  • Public employees: The Public Sector Basic Statute would be amended with equivalent 16-week leaves.
  • People with insufficient social security contributions: They could receive a non-contributory benefit of 42 days, extendable in certain cases.
  • Employers: The voluntary weeks could be taken part time by agreement, and part-time use requires staying at work during the rest of the workday.

Words worth knowing

Base reguladora
The reference amount used to calculate a social security benefit; here it matches the one used for temporary disability.
Prestación contributiva / no contributiva
Contributory benefits require a minimum of social security contributions; non-contributory ones can be paid without that requirement, but at a lower amount.
IPREM
Indicador Público de Renta de Efectos Múltiples: a public reference income figure used to calculate some benefits.
Guarda con fines de adopción
A measure by which a court or administration places a minor with a person or couple before the adoption is finalized.
Acogimiento
A situation where a minor lives with a family other than their own, temporarily or permanently, without being adopted.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced13 March 2017Someone registers the text in the Congreso.
  2. Admitted21 March 2017The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 2017Dec 201811. 13 March 2017: Presentación22. 21 March 2017: Boletín Oficial de las Cortes Generales Publicación desde 21/03/2017 hasta 24/03/201733. 21 March 2017: Calificación44. 24 March 2017: Gobierno Contestación desde 24/03/2017 hasta 08/05/2017 Nota: (Mesa 08/05/2017 - concluida - decaída por comunicación disconformidad Gobierno).55. 4 September 2018: Pleno Toma en consideración desde 04/09/2018 hasta 05/03/2019 Nota: (Nuevo criterio del Gobierno 19/07/2018).66. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.