Mistakes Companies Make When Managing Paternity Leave (and How to Avoid Them)

On a significant date like Father’s Day, it’s a good opportunity for companies to reflect on how they manage key aspects of their labor policies, such as leave for the birth and care of a child, commonly known as paternity leave.

Although it may seem straightforward, the reality is that many organizations continue to make mistakes that can lead to noncompliance, labor conflicts, or even sanctions.

The good news is that these errors are avoidable with the right labor compliance approach.

Why is proper management of paternity leave important?

Paternity leave in Spain is fully established and equated to maternity leave. However, proper management requires compliance with legal, administrative, and internal coordination requirements.

Failing to manage it correctly can result in:

• Payroll or social security contribution errors, which may lead to claims for amounts owed.
• Noncompliance with Social Security regulations, with the associated risk of sanctions.
• Conflicts in team planning and unaddressed workload distribution.
• Reputational and legal risks affecting the company’s image.

In short, it’s not just about granting leave—it’s about managing it correctly from start to finish.

Common mistakes in managing paternity leave and how to avoid them

1. Assuming the process is automatic

“If the employee requests it, it’s just processed and that’s it.”

Not always. Regulations require formal communication and precise documentation.

How to avoid it:
Establish a clear internal protocol defining steps, deadlines, and responsibilities from the outset. The employee must notify the company of each period at least fifteen days in advance. The company, in turn, must process the contract suspension with Social Security.

 

Contact now

 

2. Failing to inform the employee

Many companies do not provide accurate information about:

• How to apply for benefits at the INSS.
• Deadlines with Social Security.
• Leave options: the first 6 weeks are mandatory and uninterrupted after birth, while the remaining 13 weeks are divided as follows: 11 weeks (accumulated or interrupted) until the child turns 12 months, and 2 weeks that can be used until the child turns 8 years.

Flexible periods require prior notice and are taken in full weeks. This can create uncertainty and errors in processing.

How to avoid it:
Provide employees with clear and updated information so they don’t have to search for it themselves.

3. Payroll and contribution errors

One of the most common mistakes is failing to manage properly:

• Communication of contract suspension to the Social Security RED system.
• Calculation of contribution bases.
• Coordination between the employee’s leave and the start of benefits.

How to avoid it:
Coordinate HR and labor teams properly and review each case individually.

4. Failing to plan for team impact

Paternity leave directly affects daily operations. Without planning:

• The rest of the team becomes overloaded.
• Bottlenecks appear in processes.
• Productivity and service quality are affected.

How to avoid it:
Anticipate absences and define a plan for replacement or task redistribution.

5. Being unaware of regulatory updates

Regulations regarding family leave are among the most dynamic areas of labor law. What was valid a few years ago may no longer be applicable.

How to avoid it:
Stay updated or work with specialized advisors to ensure compliance.

6. Failing to document the process properly

Lack of documentation can create issues during inspections or disputes. Being right is not enough if you cannot prove it.

How to avoid it:
Ensure that all documentation is complete, updated, and accessible.

Labor compliance best practices

Properly managing paternity leave is not only an administrative matter but also a question of corporate culture and regulatory compliance.

Key practices:

• Standardize the request, management, and return-to-work process.
• Align HR, legal, and payroll teams.
• Ensure documentation traceability.
• Anticipate risks and plan substitutions.
• Periodically review compliance.

Frequently asked questions about paternity leave

How long is paternity leave in Spain?

Currently, it lasts 19 weeks, equal to maternity leave.

Who pays for the leave?

The benefit is paid by Social Security. The company suspends the employment contract and stops paying salary but must continue contributions.

Can the leave be taken flexibly?

Yes. The first 6 weeks are mandatory. The remaining 13 weeks are divided into 11 weeks to be used until the child turns 12 months and 2 weeks to be used until the child turns 8 years.

What happens if it is mismanaged?

Errors in contributions, sanctions, or conflicts with the employee may occur.

How Adlanter can help

At Adlanter, we assist companies in managing labor obligations with a comprehensive compliance approach.

We support you in:

• Full management of leave and labor benefits
• Coordination of payroll, contributions, and Social Security
• Continuous regulatory updates
• Definition of internal HR protocols
• Support during labor inspections

Contact our specialized labor management professionals to learn more.