Spain has overhauled leave for new parents over the past few years, moving to a unified, gender‑neutral system officially called birth and childcare leave (permiso por nacimiento y cuidado del menor). In everyday conversation, people still talk about maternity leave and paternity leave in Spain, but the rules and rights are now essentially the same for both parents.
How long is parental leave in Spain for maternity and paternity?
Until 2025, each parent had 16 weeks of paid birth and childcare leave. However, a new parental scheme came into force on 31st July 2025. Under this updated framework:
- In two‑parent families, each parent’s entitlement increases from 16 to 19 weeks of paid leave.
- In single‑parent families, the sole parent’s total entitlement rises sharply from 16 to 32 weeks of paid leave.
The leave remains individual and non‑transferable in two‑parent households. Each parent has their own quota of weeks, and the couple cannot shift weeks from one to the other.
These changes sit within a wider European trend to encourage shared care and gender equality, while also correcting a clear gap in protection for children of single parents.
How maternity and paternity leave work in Spain
As part of Spain's Family Law, the starting point is that birth and childcare leave applies equally to both parents, regardless of gender or biological role. This coveres birth of a child, as well as adoption and foster placement, in circumstances recognised by Spanish law
Compulsory period
A central element of the system is a compulsory period immediately after the child’s arrival. This is a continuous block, traditionally six weeks, that must be taken right after childbirth, adoption or fostering.
This compulsory period is taken full‑time and is designed to protect the health of the gestational mother in birth cases and to secure bonding time for the child with each parent. In adoption and fostering, the compulsory period starts from the judicial or administrative decision date.
Remaining weeks
Beyond the compulsory period, the remaining weeks offer more flexibility, within statutory limits. Parents have the option to take the rest of their leave in a single block or divided into several blocks.
On a full‑time or, by agreement, part‑time basis, with social security paying the equivalent benefit aligned to the agreed pattern. Historically, the non‑compulsory weeks had to be used within 12 months of the child’s birth, adoption or fostering, a rule which remains the default for the core entitlement.
New flexibility up to age eight
One of the most significant innovations in the 2025 reform is that a portion of the extended weeks can be used far beyond the first year:
In two‑parent families, each parent receives three extra weeks (bringing their total from 16 to 19). Two of those three additional weeks for each parent can be taken at any point until the child turns eight years old.
In single‑parent families, the new law adds 16 extra weeks to the existing 16, reaching 32 in total. Four of those 16 additional weeks can be deferred and used any time up to the child’s 8th birthday.
Employment protection
Over the entire period of birth and childcare leave, the employment contract is suspended, not terminated. The worker retains their position and key employment rights.
Dismissal that is linked to pregnancy, birth, adoption, fostering or the exercise of parental leave rights is generally considered void unless the employer can prove a legitimate, unrelated cause under Spanish labour law.
How much pay you receive on maternity and paternity leave in Spain
A crucial aspect for anyone planning time away from work is the level of income during leave. In Spain, pay during birth and childcare leave is provided by the Social Security system (Seguridad Social), not directly by the employer.
The general rule is that birth and childcare leave is paid at around 100 % of the regulatory base. This is calculated from the worker’s recent contribution record, following formulas set out in social security legislation.
Self‑employed workers who pay into the Spanish system also have access to birth and childcare benefits, provided they meet the contribution requirements that apply to their scheme.
When can I take maternity or paternity leave in Spain?
To access maternity or paternity leave in Spain, you need to be legally resident in the country and registered with the Spanish Social Security system. If you give birth, adopt or take in a child for fostering, and you meet the contribution requirements, you are entitled to this parental benefit.
The minimum contribution period is linked to your age on the date of the birth, adoption or fostering:
- Under 21 years of age
No minimum contribution period is required. - From 21 to under 26 years of age
You must have either 90 days of contributions in the 7 years immediately before the start of the leave, or 180 days of contributions over your working life before that date. - 26 years of age and over
You must have either 180 days of contributions in the 7 years immediately before the start of the leave, or 360 days of contributions over your working life before that date.
Breastfeeding leave, reduced working hours and childcare leave
Birth and childcare leave is part of a wider family‑rights framework in Spain. For many families, the story does not end when the formal maternity or paternity leave entitlement finishes.
Breastfeeding leave in Spain
Breastfeeding leave, or permiso de lactancia, provides a shorter, ongoing entitlement after parents return to work: It is available to either parent, not only to the gestational mother. It applies until the child reaches nine months of age.
The classic form is one hour of paid leave per working day. This can usually be split into two half‑hour segments, or accumulated into full days off, if agreed with the employer or defined in a collective agreement.
Reduced working hours for childcare
For parents who need longer‑term flexibility without stepping away from work entirely, Spanish law provides for reduced working hours: Parents can reduce their working day by a fraction, often between one‑eighth and one‑half of normal hours, to care for a child up to a certain legal age.
Salary falls in line with the percentage reduction in hours, but the worker benefits from enhanced dismissal protection. This arrangement can be particularly important once birth and childcare leave has been exhausted, especially where there are additional care needs.
Unpaid childcare leave
Beyond paid leave and reduced working hours, Spain also offers unpaid childcare leave, formally known as excedencia por cuidado de hijos. During this time, the employment relationship is maintained in a suspended state, and the parent has certain rights to return, subject to the rules laid down in the Workers’ Statute and collective agreements.
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