What are the parental leave regulations in Spain?

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Spain offers equal maternity and paternity leave, in a commitment to supporting a balanced life between work and family, ensuring both parents can actively participate in early childcare while securing their employment rights.


Duration and eligibility

  • In Spain, parental leave lasts 16 weeks.

  • The first six weeks must be taken as maternity leave immediately after birth by the mother.  
  • Before birth, leave can be taken up to four weeks prior to the expected due date. This period is deducted from the total 16 weeks of leave and is covered by Social Security. 
  • Additionally, Spanish law allows parents to work reduced hours for childcare purposes until the child turns 12, maintaining salary proportions.
  • Leave is available to all eligible parents following the birth, adoption, or foster care placement of a child.


Compensation during Leave 

Maternity and paternity leave are fully compensated through Spain's Social Security system, granting 100% of regulatory base salary, calculated from the parents average contributions. This arrangement minimizes financial impact during leave. 


How to apply for Parental leave

1. Documentation Required

  • Medical Certificate of Maternity Leave Start (Informe de Baja Médica / Certificado de inicio de descanso por maternidad). 
    • Issued by the public healthcare provider
    • Confirms the expected or actual date of childbirth and the start of maternity leave
    • If the leave is starting before the birth (up to 4 weeks prior), this must be indicated. 
  • Birth Certificate or Family Book (Libro de Familia) 
    • Provided after the birth
    • Confirms the child’s birth and is needed to finalize the formal maternity leave request
  • Application for Maternity Leave (Solicitud de Prestación por Nacimiento y Cuidado del Menor) ( action for Maria)
    • Submit it online via the INSS portal (Tu Seguridad Social) or in person 
  • Declaration of Shared Leave (if applicable)
    • If the leave is being shared between parents, a declaration may be needed to coordinate how the time will be split

2. Submit the leave request via Horizons platform as shown in What kinds of leave entitlements do I have?



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