New dismissal prohibitions for companies with the Family Law


It was in March 2019 when the Government of Spain matched the maternity and paternity leave to sixteen weeks progressively: eight in 2019, twelve in 2020 and sixteen in 2021. In addition, the term was renamed leave for the birth of a child. However, the project new Family Law, promoted from within the Ministry of Social Rights and the 2030 Agenda, led by Ione Belarra, was approved by the Council of Ministers a few weeks ago, so now it has to face the parliamentary process. This means that the rule could undergo changes in the coming weeks.

Companies will not be able to fire for these permits

The first thing to keep in mind is that leave for the birth of a child will continue to be 16 weeks, both for the mother and for the father. However, the novelty lies in other related social aspects, such as a 100% paid care leave for five days to care for a relative of up to the second degree or cohabitant.

Another of the great permissions for mothers and fathers has to do with a new permitwhich, in addition, may be enjoyed continuously or discontinuously until the minor reaches the age of eight years. In addition, other social rights are included, such as being absent for urgent family reasons four paid dayseither in case of illness or accident.

But there is no doubt that what is most striking in the legislation is that companies will not be able to enjoy workers who have children and enjoy permits contemplated in the new Family Law of the now minister Iones Belarra. In other words, with this new Family Law, these permits areand include as objective situations of protection from a possible dismissalas long as there are no causes for the origin.

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