Companies and society in general are increasingly aware of the importance of helping workers to balance their family and working lives.
Maternity and paternity leave has steadily evolved over the years, adapting to the real needs of workers.
Indeed, when any member of a company’s staff requests maternity, paternity, adoption or foster care leave, the company is obliged to grant this leave, and at the same time it can explore options for replacing these workers during these periods.
What does the maternity cover contract consist of?
Since 30 March 2022, with the new legislation, contracts of a set duration can be drawn up for the purpose of replacing a worker under some specific conditions, in accordance with the new article 15.3 of the Workers’ Statute.
Thus the maternity or paternity cover contract is the contract drawn up during maternity or paternity leave which benefits both the company and the employee.
Furthermore, “when a new employee is recruited to replace the person who is on maternity/paternity leave, the company is entitled to a reduction of 100% in Social Security,” explains David Rodríguez, one of the managers of Rosclar’s payroll team.
In fact, this is a win-win situation in which employees who are mothers and fathers can enjoy time with their children, secure in the knowledge that they can return to their job once the leave has ended, while the company can temporarily fill the vacant position and receive an allowance equivalent to 100% of the Social Security costs of the worker who is on maternity/paternity leave.
It is worth highlighting that, according to Royal Decree-Law 11/1998, if the vacant position is occupied by an unemployed person, this person will be entitled to an allowance of 100% in the employer’s Social Security contributions, including contributions for accidents at work and occupational illnesses, and in the employer’s payments of the joint contributions.
This allowance is not only applicable in cases in which employees are replaced; self-employed workers are also eligible for this allowance, if they hire someone to replace them during their maternity or paternity leave.
How to take advantage of the incentives
In order for a company to take advantage of these incentives, the maternity or paternity cover contract must fulfil certain requirements.
- Time factor: the duration of the new contract must be the same length as the absence of the person who has requested leave. The provision of services may commence prior to the absence of the person to be replaced, and both parties may coincide in performing the functions of the position for the period of time required in order to ensure that the post is suitably covered, and for a maximum period of two weeks.
- Same conditions: the contract must be drawn up for the same working hours and the same professional category as the worker who has commenced maternity or paternity leave.
- Justification: the contract must include the details of the person replaced and specify the reason for said replacement.
Characteristics of the cover contract
The Workers’ Statute clearly states that the same rights are applicable to a cover contract as to all other labour relations. In other words, the new worker will be entitled to paid holiday (this will always be proportional to the duration of the contract).
As we have mentioned, the new contract will end when the worker replaced returns to work or the reason for replacement ceases to exist. It should be noted that upon termination of the contract, the worker shall not be entitled to receive any compensation.
As may be observed, the maternity or paternity cover contract is an extremely advantageous option for both the worker and the company.
Here at Rosclar, we can help you draw up the contract correctly and fulfil all the requirements, so that advantage may be taken of the allowances.