To be entitled to a paternity allowance (birth and parenthood paid leave to a father), you must meet all conditions of entitlement listed below:
First condition - the mother is entitled to maternity allowance
The mother is entitled to payment of the maternity allowance for either 15 weeks or 8 weeks.
A biological father who does not have a spouse may claim maternity allowance, under certain conditions. For further information, please contact the local branch of the National Insurance Institute nearest your place of residence.
Second condition - qualifying period (period of insurance)
You are a salaried employee or a self-employed person and have accrued the entitling qualifying period (a required number of months you have worked and paid insurance contributions).
You will be entitled to paternity allowance whether you have paid insurance contributions for 10 out of 14 months, or 15 out of 22 months that preceded the day of work termination.
Third condition - the mother waived her right and resumed work
The mother made a written statement by which she agrees to waive part of her own birth and parenthood period to which she is entitled, and resumed her work while the father spends his birth and parenthood period.
For your information, should you choose take a 7 days birth and parenthood leave together with your spouse - your wife will not have to return to work during that period.
Importantly,
Replacement by male spouse will be for the remainder of the
maternity leave, and the couple will not be able to switch again.
Fourth condition - you have stopped working
You have stopped working to care for the newborn and as part of a birth and parenthood period.
If you are self-employed, please note, that over the birth and parenthood period you may carry out maintenance actions without prejudice of your entitlement to paternity allowance. To obtain an authorization to that purpose, please contact your local NII branch.