The new Family Law is on its way. The Council of Ministers has approved the preliminary draft of the Family Law, which still has to go through the entire parliamentary process.
New Family Law
The text of the Law is based on four main pillars:
- Extending social protection to families and support for parenting.
- Advancing in guaranteeing the right to family reconciliation.
- Supporting the growth of different types of families.
- Recognition and protection of the rights of children and adolescents.
Social protection of families and support for parenting
The entitlement of €100 per month is extended to a larger number of families. In this case mothers who are receiving an unemployment benefit, contributory or not. And those who have a part-time or temporary job.
The denomination “families with greater needs of support for upbringing” is created. Large families are included, in addition to single-parent families with two children. Families with two children where an ascendant or descendant has a disability. Families with two children headed by a victim of gender violence or formed by a spouse who has obtained sole guardianship and custody without pension rights. And families with two children in which one of the parents is in hospital treatment for one year or has been in prison.
Families with four children, instead of five as at present, will also have this consideration “of a special nature”. Families with three children in case of multiple births instead of four as at present and families with three children and low income, up to 150% of the IRPEM.
New permits for reconciliation and care
The Law creates three care leaves, to be taken into account in the Human Resources management of companies:
- Leave of 5 days a year (instead of the current two) paid to care for a family member up to 2nd degree or unrelated cohabitant, in case of serious illness, accident, hospitalization or surgery without hospitalization that requires rest.
- Parental leave of six weeks in 2023, extendable to eight weeks in 2024, can be taken continuously or discontinuously until the child reaches the age of eight.
- Finally, the leave of absence due to a family force majeure requiring immediate attention will be 4 paid days per year and can be taken on an hourly basis. For example, a sick child or medical appointment.
The non-contributory childbirth and care allowance will be extended to adoptive and foster families. In addition, the orphan’s pension will be extended to 26 years of age. Lastly, leave to care for a child with cancer or serious illness will also be extended to 26 years of age in the case of disability.
Legal recognition of the different types of families
The Law advances in the equalization of rights between married couples and unmarried couples. The latter will enjoy the 15 days of leave for registration equal to marriage.
LGTBI families, families with a disabled member, multiple, reconstructed, adoptive or foster families will be protected.
Multiple families, those who have several children at the same time, will be considered as a group of special protection. In addition, the children of unmarried couples may be registered by the non-pregnant parent.
Recognition and protection of children’s and adolescents’ rights
Parents or guardians are prohibited from preventing access to content on family diversity through the well-known “parental PIN” in educational centers.
The Child Support Payment Guarantee Fund will be improved by streamlining the procedures, which will also benefit the children of unmarried couples, disabled adults or those in a situation of dependency.
As indicated at the beginning of this note, this is a draft Bill, which is subject to amendments during its parliamentary procedure until it reaches its approval.
