Law regulating periods of leave, maternity leave or adoption of salaried workers since the General Council at its session of 22 June 2000 has approved the following: law on regulation of the periods of leave, maternity leave or adoption of salaried exhibition of illustrations and the qualified law on adoption and other forms of protection of the less helpless , completed and developed by the regulation of adoption, has allowed the establishment of a comprehensive regulatory framework for formalizing the adoptions, both nationally and internationally, taking into account, in particular, the provisions set out in the Hague Convention relative to the protection of the child and to cooperation in the area of international adoptions.
In the interest of the children adopted and, in order to optimize the necessary period of coupling between the family, adopting and the adopted child, you have to regulate a break for adoption with unemployment of work comparable to the maternity leave currently envisaged by the legislation in force, both in employment and in the area of the Andorran Social Security Scheme.
This break, as in most European countries, allows the adaptation of the child and its integration into a new family and, eventually, in another culture and language. In this sense, this break does not have to be backup only for cases of adoption of new-born children, but the other way around, it should be extended to all cases of adoption, whatever the age of the adopted child. However, they are excluded from the application of the law the cases of adoption of the son of the spouse to consider that, in this case, the coexistence and, therefore, the integration are already carried out at the time in which it calls for and is formalised adoption.
According to the purposes mentioned above and the fact that the Constitution, in article 13.3, establishes the equality of rights and obligations for both spouses, it was considered timely and appropriate that the rest can enjoy, at choice, both father and adoptive mother, simultaneously or successively.
In this respect, and in relation to the constitutional provisions of equality between spouses established in the above article and of equality and principle of non-discrimination by reason of sex that proclaims article 6, has wanted to adapt the rules governing maternity leave, introducing the possibility that the father can also enjoy this break, subject to logics limitations : the prior agreement of the spouses, a delay of six weeks from the moment of birth and a medical certificate to the effect that the mother's return to the place of work does not involve any hazard or risk to your health.
Finally, and in order to make it more functional to the law, has seemed important to incorporate this text explicit modifications that the new treatment of the maternity leave and the new figure of adoption involve in the Technical Regulations and their application of the Andorran Social Security Scheme, the Decree on employment contract dated January 15, 1974 and the Employment Regulation. Thus, it is legally confirmed that the adopted children have the same rights as the biological children as beneficiaries of insured cotitzants CASS, and in articles 4 and 5, establish the new drafted the article 6 of the Decree on employment contract and the employment of the regulation article 27.
Article 1 the period of maternity leave with unemployment is sixteen uninterrupted weeks, rest, in case of multiple birth, is expanding in two weeks for each child.
This rest period can begin, the mother's choice, from the same date of birth, or during the four weeks immediately prior to that date. However, if, during the four weeks immediately prior to the date of the birth, the mother would have to do for prescription, it begins to count the period of maternity leave.
From the sixth week to count the date of birth, period of rest that is compulsory for the mother, you can opt in choice of the parents, because the rest of the period of maternity leave can enjoy it, in succession to the rest period of the mother, the father of the new-born, always in uninterrupted periods and without that the total duration of the rest period , adding that they can take the mother and the father, exceeds the total leave period that corresponds according to the first paragraph of the present article. In this case, before the start of the period of maternity leave or during the month following the date of birth, both the mother and the father must be notified in writing, so that proof, to the Caixa Andorrana de Seguretat Social and companies where they work this provision, which only can be made prior to the reincorporation of the medical certificate effective mother to her job does not involve any danger or risk to the your health.
In the event of death of the mother, the father, automatically and without any prior notice, be able to make use of the whole or of the remaining time of the period of maternity leave.
During the period of maternity leave, the mother, or if it is the case, the father, and in accordance with the General provisions set out in the regulations of the Andorran Social Security in relation to the opening of the rights and benefits of salary, receive the Caixa Andorrana de Seguretat Social a daily pension equivalent to 90% of the 1/180 of of six months prior to the date of the work stoppage.
Article 2 the rest period for adoption with unemployment is twelve weeks, uninterrupted rest that, in case of multiple adoption, is expanding in two weeks for each child adopted. Can take advantage of this period of rest, at their choice, the father or the mother by adopting, simultaneously or successively, in uninterrupted periods and without that the total duration of the leave period, adding that they can take the mother and the adoptive father, exceeds the total period of rest anticipated.
Before you start the adoption leave period, both the mother and the father adopted must be notified in writing, so keep a record, in the Andorran Social Security and in the companies where they work as you will distribute the rest period for adoption.
The rest period for adoption is applied in all cases of national or international adoptions, except if the adopted is the son of one of the spouses.
This period begins to count, in the case of a national adoption, from the date of the notification of the summons of the Batlle pronouncing the preadopció, or,
failing that, the direct adoption or, in the case of an international adoption, from the date of notification of the official document that pronounce the adoption by the competent authority of the country of origin of the adopted.
During the period of adoption leave for the father and/or mother by adopting, in accordance with the General provisions set out in the regulations of the Andorran Social Security in relation to the opening of the rights and benefits of salary, upon presentation of an official document expressing the preadopció or the adoption, receive the Caixa Andorrana de Seguridad Social a salary equivalent to the salary they would have received in the event of a break maternity leave.
Article 3 the provisions of the regulations of the Andorran Social Security Regime relating to the beneficiaries to biological affiliation apply, under the same conditions, to the adopted children of an insured worker.
The adopted children are considered as beneficiaries and are entitled to receive benefits, in case of a national adoption, from the date of the summons of the Batlle pronouncing the preadopció, or, failing that, the direct adoption or, in the case of an international adoption, from the date of the official document that pronounce the adoption by the competent authority of the country of origin of the adopted.
Article 4 modifies the section c) of article 6 of the Decree on employment contract, dated 15 January 1974, which happens to have the following wording: "c) during periods of maternity leave or adoption with unemployment of labour, in accordance with the provisions of the law regulating periods of maternity leave or adoption of the salaried workers."
Article 5 modifies the article 27 of the regulation in the workplace that happens to have the following wording: "Article 27. The rest period with unemployment for maternity or adoption shall be governed in accordance with the provisions of the law regulating periods of maternity leave or adoption of the salaried workers. "
The only additional provision Regulations the Government will establish the form and the terms on which they will have to notify the Caixa Andorrana de Seguretat Social and companies where they work, the periods of rest for both biological maternity or adoption. "
Repealing provision abolishes all the provisions are contrary to the provisions of this law.
Final provision this law shall enter into force the day of its publication in the OFFICIAL GAZETTE.
Casa de la Vall, June 22, 2000 Francesc Areny Casal Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Jacques Chirac President of the French Republic of Andorra Co-prince Juan Marti Alanis Co-prince of Andorra, the Bishop of Urgell