Maternity and paternity leave in Spain

Parental leave in Spain, also known as "permiso de paternidad" or "permiso de maternidad" in Spanish, refers to the time off that parents can take from work after the birth or adoption of a child. The purpose of parental leave in Spain, which is the same amount of time for both the mother and the father, is to support parents in caring for and bonding with their newborn or adopted child. We resolve all the doubts that may arise regarding maternity and paternity leave in Spain, based on the latest regulations.

How long is parental leave in Spain in 2023?

Maternity and paternity leave in Spain may begin if any of the following events occur:

• The birth of a child.
• Adoption, guardianship for the purpose of adoption and foster care, as of the judicial resolution that constitutes the adoption or resolution of guardianship for the purpose of adoption or foster care.

The duration of maternity and paternity leave in Spain in 2023 is 16 weeks for both mothers and fathers, as detailed below. 

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Maternity leave in Spain

How many weeks of paid maternity leave are there in Spain? New mothers in Spain are entitled to maternity leave, also called "baja maternal," which typically lasts for 16 weeks (at full pay). This period may be extended under certain circumstances, such as multiple births or if the mother or child has a disability.

Paternity Leave in Spain

Fathers in Spain are entitled to paternity leave, also called "baja paternal." Fathers in Spain are now also entitled to 16 weeks of paternity leave in a bid to pubish women's professional careers less. 

Parental leave in Spain will be distributed differently if it is a birth or an adoption:

• In the case of birth, maternity and paternity leave includes 6 compulsory and uninterrupted weeks immediately following the birth. This time is taken on a full-time basis to ensure the protection and health of the mother, as well as the care of the children. In addition, the biological mother (and not the father) may take the leave up to 4 weeks before the expected date of birth.
• The remaining 10 weeks can be taken either continuously with the compulsory period or interrupted in weekly periods (accumulated or independent) until the newborn child is 12 months old. Remember that you must inform your employer at least 15 days in advance.

It will be possible to extend the duration by 1 week for each parent, for each child, from the second child onwards, in the case of multiple births and in the case of a child's disability. An extension is also possible for premature birth and hospitalisation following childbirth, up to a maximum of 13 weeks.

How much do you get paid on paternity/maternity leave in Spain?

Do you get full pay on parental leave in Spain? The salary while on maternity/paternity leave in Spain is paid 100% by social security. In summary, an employee on paternity or maternity leave in Spain is paid 100% of their salary (as long as they have made the appropriate contributions to the Instituto Nacional de la Seguridad Social, Spain’s social security agency). 

When can I take maternity or paternity leave in Spain?

First off all, to be eligible for parental leave in Spain, you have to be a legal resident. Those workers affiliated to the Social Security who have had or adopted a child and who also meet the following requirements are eligible for maternity and paternity leave:

• Have a minimum contribution period, which will vary according to the worker's age:
  • For workers who are under 21 years of age on the date of birth, no minimum contribution period will be required.
  • For those between 21 and 26 years of age, 90 days of contributions will be required within the 7 years prior to the start of the leave. They will also be required to have 180 days of contributions during their working life and within the period prior to the 7 years specified.
  • Those over 26 years of age will be required to have 180 days of contributions in the 7 years prior to the start of the break.

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Maternity and paternity leave in Spain 2023

Before 2007, fathers in Spain were only entitled to 2 days' paid leave for the birth of a child. In the same year, the regulation was extended to 4 weeks, and in 2008 it was increased again to 8 weeks.

But when did maternity and paternity leave in Spain become equal? In the year 2019, Spain introduced Royal Decree-Law 6/2019 meaning that for the first time, birth and childcare leave is equalised for both parents, with both enjoying 16 weeks of benefit.

The changes introduced by the new regulation are aimed, as the Royal Decree itself states, at "equal treatment and opportunities between men and women". "A more equal distribution of the baby's care is achieved, in addition to the fact that the child can be accompanied for the first 12 months of life by both parents", according to the regulations.

How does maternity and paternity leave work in Spain?

Maternity and paternity leave are employment rights that allow parents to take time off work to care for their newborn or adopted children. Within this leave, there are different types of benefits

Breastfeeding leave Spain

Spain also has what is known as breastfeeding leave which can take 2 different forms. The first of these is reduced working hours for breastfeeding (up to 9 months). Reduced working hours for breastfeeding, known as "la hora de lactancia" is an employment right that allows parents to reduce their working hours in order to be able to breastfeed their children until they are 9 months old.

In order to apply for reduced working hours for breastfeeding, it is generally required that the baby is less than 9 months old and that the mother or father is working. In addition, it is important to inform the employer in advance of the intention to take advantage of this right and to follow the established procedures.

This does not affect your salary. If your baby is premature, this 9-month period starts from week 40 of the pregnancy. Note that breastfeeding leave in Spain can also be accumulated and consists of grouping together all the breastfeeding time that the worker can enjoy. To do this, the hours taken off work for the leave are counted, deducting rest days and public holidays, from the time breastfeeding is requested until 9 months have elapsed.

Reduced working hours for childcare

Reduced working hours for childcare in Spain is an employment right that allows parents or legal guardians to reduce their working hours to care for their children under 12 years of age.

The duration can be between one eighth and one half of the normal working day. The distribution of the hours of reduction may vary according to the agreement between the employee and the employer, as long as the limits established by law are complied with.

To apply for this reduction, the parents must have legal guardianship of the child and be in paid employment. In addition, the employer must be notified at least 15 days in advance and the required documentation must be submitted.

During the period of reduced working hours, a worker's salary is adjusted proportionally to the hours actually worked.

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Childcare leave

Childcare leave in Spain is an employment right that allows parents or legal guardians to take a period of time to care for and look after their children under the age of three. During this leave, the worker has the guarantee of being able to return to his or her job once the period of care is over.

The leave of absence may last for a maximum of three years. To apply for it, the parents must have legal guardianship of the child and be in paid employment. As in the previous sections, the employer must be notified at least 15 days before the start of the leave.

During this period of time, the worker does not receive a salary, but retains certain employment rights and benefits. For example, the accumulated seniority in the company is maintained and social security contributions continue to be paid. At the end of the leave, the employee is entitled to return to his or her job under the same working conditions and with the same rights as before the leave.

• Find out how new mums in Spain can get 100 euros per month
• Check out our guide to Spain's new Family Law