The legal loophole regarding maternity and paternity in the Congress of Deputies

BarcelonaWhen Junts MP in the Catalan Parliament, Judith Toronjo, became a mother shortly before the last Catalan elections, she was eligible for the paid maternity leave granted to Catalan MPs, like any other worker. The campaign caught her between terms, with motherhood just beginning, a similar situation to that experienced by former ERC MP Carolina Telechea, who gave birth shortly after the last general elections. However, there is a significant difference between Toronjo's and Telechea's cases: in Congress, MPs do not have paid maternity or paternity leave, so the Republican MP found herself without any such benefits when she became a mother between terms and, in her case, was not reappointed.

The case of Telechea, a lawyer by profession, highlights a legal loophole in the Spanish lower house: while in office, members of Congress pay Social Security contributions for retirement, but not for sick leave or maternity or paternity leave. While in active service, members' 16-week absence when they have a child is resolved by a board agreement authorizing them not to attend sessions in person and to vote electronically.

However, if the birth occurs between legislative terms, members of parliament have no recognized rights, beyond the severance pay they receive in lieu of unemployment benefits upon completing their term. However, the regulations establish equal compensation for both deputies who have just become parents and those who have not (and, therefore, are already able to look for work from minute 0): in both cases they can receive the equivalent of a monthly salary (3,142 euros, this 2025) for each year of parliamentary mandate, with a maximum of 2. These compensations also exist in the Parliament, but their regulation means that, in most cases, Much higher amounts are paid monthly, but over a shorter period.

There are no plans for reform

In a conversation with ARA, Telechea explains that, when she became pregnant, she made several inquiries to find out what her situation would be like once she became a mother after the elections, given that she knew she wouldn't be on the list again. When she was informed that she wasn't entitled to maternity leave, she informed the committee leaders of the need to modify this regulation, especially in the PSOE, which now also presides over it. For the time being, and according to sources in Congress consulted by this newspaper, there is no initiative in this regard. The institution insists that, according to their legal status, deputies are not workers, but rather "representatives of the citizens." This is the reason, they argue, why they cannot be recognized this right, just as they do not have unemployment benefits—although, in practice, severance pay already performs an equivalent function.

However, this is not the case in either the Catalan Parliament or the city councils. Since 1999, the Catalan parliament has had a special agreement with Social Security that provides social security coverage in all areas, except unemployment, for the entire term of office and until the day before the start of the new term. If a member has a child or is on maternity or paternity leave between terms, they are covered even if they do not renew their term, until they exhaust the 16 weeks. This is explained by sources in the Catalan parliament, and this was also confirmed to Toronjo by Social Security when she herself inquired about her situation, having already had to take a first medical leave during pregnancy in the final stretch of the term.

The member and secretary of the Junts organization is in favor of extending this regulation to the rest of the parliamentary bodies: "I think it's a right that should be recognized in all chambers," she argues. Furthermore, Parliament's Rules of Procedure have recognized the right to delegate voting rights during maternity leave since 2006, and during paternity leave since 2015. This allows members of parliament to vote while on leave.

The local councils

In city councils, councilors can also take parental leave, whether they are full-time or part-time, according to legal sources. This leave will continue, with the right to receive a monthly payment equivalent to unemployment benefits, even if the term ends and the former councilor is not reinstated. However, and in accordance with the law, the time they receive this monthly payment will be deducted from their entitlement to unemployment benefits, as is the case with any worker who is on sick leave and loses his or her job.

Regarding the possibility of voting remotely, the reform of the basic law of the local government to introduce electronic voting during the pandemic has made things easier. According to sources from the Federation of Municipalities of Catalonia, municipalities such as Reus, Barcelona, Vilanova i la Geltrú, Sabadell, Terrassa, Berga, Lérida, and Salt have introduced this option into their regulations, also for councilors on maternity or paternity leave. At Barcelona City Council, municipal sources add, this right was specifically protected in municipal regulations to ensure that public officials did not lose part of their salary when taking leave.