What are the parental leave regulations in Spain?



Modified on: Fri, 19 Sep, 2025 at 1:26 PM

TABLE OF CONTENTS


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

  • Standard parental leave lasts 19 weeks.
  • In cases of single parenthood, the leave extends to 22 weeks.

Post-Birth Leave:

  • The first 6 weeks must be taken immediately after birth by the mother, without interruption.

Flexible Leave Period:

The remaining 11 weeks can be taken:

  • In weekly periods,
  • On a cumulative basis, or
  • As uninterrupted leave,
  • Anytime until the child turns 12 months old.

Pre-Birth Leave:

  • Up to 4 weeks of leave can be taken before the expected due date.
  • This time is deducted from the total 19 weeks and is covered by Social Security.

Additional Leave for Childcare (can only be requested starting January 1, 2026):

  • 2 weeks (or 4 weeks for single parents) can be taken for childcare until the child turns 8 years old.
  • This leave can be taken:
    • In weekly periods,
    • On a cumulative basis, or
    • As uninterrupted leave.
       

Reduced Working Hours:

  • Parents may request reduced working hours for childcare until the child turns 12 years old.
  • Salary will be adjusted proportionally.

Eligibility:

  • 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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