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Adopting or fostering a child leads to a series of similar rights those of biological mothers. If the adopted child is less than nine months old, the mother or father may take maternity (or paternity) leave for a maximum duration of 16 weeks distributed according to their interest, based on the administrative foster care decision or the judicial resolution establishing the adoption. If he adopted son is greater than nine months and less than five years, the term is reduced to six weeks.
The adoption permit will be gainful 100 percent, as long as it has been listed for at least 180 days within five years from the date of adoption. The leave for this reason will be paid 100 percent, as long as you have contributed to Social Security for at least 180 days in the five years prior to the date of maternity.
From the moment of birth to nine months, you can order one hour per lactation. If you want, you can divide this time into two half-hour fractions or request one Reduction of the working day half an hour. In the case of adoption, the legislation does not regulate breastfeeding leave. There is the possibility of requesting a reduction in working hours when you have a under six years or to a disabled person who does not carry out paid activity. Logically, the salary will be established in proportion to the working day.
You can also request a leave of absence, not exceeding three years, for the care of each child, which would count from the date of birth or adoption. To enjoy this permit, you must have been in the company for one year. During the first twelve months, the worker will have the right to job reservation. After this period, it will be referred to a position in the same professional group or equivalent category. It will always be in the same location and of the same level and remuneration.
The legislation gives the father the option to assume the permits contemplated for maternity and child care. In this way, family responsibility is rshare equitably. However, 98.6 per cent of maternity leave is requested by women, which means that for every 26,000 women who take maternity leave, only 300 men do. The Ministry of Labor is analyzing a draft law that aims to increase support for workers on issues of conciliation and work life.
With regard to pregnancy and the care of children, it is expected to regulate the equalization of permit de maternity of adopted and foster children with that of biological ones. In this way, the break would be 16 weeks regardless of the age of the adopted child. In addition, it could expand father's right to enjoy this leave, with the possibility of sharing the rest with the mother, from the sixth week of birth. This will only be obliged to enjoy the leave during the six weeks after delivery.
The teacher's statute grants maternity leave to those who are in custody with a view to adopting a minor, from the judicial granting of it, for 120 days, the same period of leave that is granted to a biologically mother teacher after childbirth, although the latter is also entitled to a license for 45 consecutive days before the birth of the child. Regarding the Labor Contract Law, which protects all workers in a dependency relationship, nothing is regulated in it regarding this issue.
The worker in a dependency relationship, guardian of a child with adoption purposes She must be on leave for a period of 90 days, just like the biologically mother worker. Time during which a more intense coexistence takes place, regardless of the age of the minor, which facilitates a better mutual understanding with the integration of the child in the new family life, creating and developing a desirable mother-child bonding relationship.
In adoption, from the previous stage of the judicial guard for the same purpose (from the child's arrival in the new family), it is also necessary to form and develop an affectively solid parent-child bonding relationship. For this reason, in the event that the future adopter is an unmarried man, who only he will be the adopter, he must be given the right to leave with pay as guardian for adoption purposes. Thus creating the figure of paternity leave in the Labor Contract Law. And in the case of a marriage of guardians in which both work and in which the hours of work activities coincide, the leave of absence for guardianship for adoption purposes must be distributed at the option of the interested parties.
Those who can enjoy it simultaneously or successively, in an interrupted way, as was already legislated in Spain. Thus creating a norm, which grants maternity leave and / or adoptive paternity with pay, taking into account the good of the minor. The care of the child given in custody for adoption purposes must be especially intense, in the early stages, to achieve a good and happy incorporation of the child into the family, whatever the age of the child. The State owes, through legislation, provide exclusive time for parents with their child to achieve the objective.
You can read more articles similar to Rights of adoptive mothers and fathers, in the On-site Adoption category.