What are the parental leave regulations in Spain?



Modified on: Fri, 16 Jan, 2026 at 6:09 PM

TABLE OF CONTENTS



Parental Leave in Spain (Maternity & Paternity)

Spain provides equal parental leave for both parents, supporting work–life balance and ensuring both parents can participate in early childcare while protecting their employment rights.


Payment During Parental Leave

  • 100% of salary (based on the Social Security regulatory base)

  • Paid directly by Spanish Social Security (INSS)

  • Applies to both maternity and paternity leave


Duration & Eligibility

Standard Parental Leave

  • 17 weeks per parent

  • 22 weeks for single parents

This leave applies to:

  • Birth

  • Adoption

  • Foster care placement


How Parental Leave Can Be Taken

Mandatory Post-Birth Leave

  • The first 6 weeks must be taken immediately after birth

  • This period must be taken continuously

  • Mandatory for the birth parent

Flexible Leave Period

The remaining 11 weeks can be taken:

  • In weekly periods

  • Cumulatively

  • As one uninterrupted block

➡️ These weeks can be used at any time until the child turns 12 months old.


Pre-Birth Leave

  • Up to 4 weeks can be taken before the expected due date

  • This time:

    • Is paid by Social Security

    • Is deducted from the total 17 weeks


Additional Childcare Leave (Effective January 1, 2026)

  • 2 additional weeks per parent

  • 4 weeks for single parents

  • Can be used until the child turns 8 years old

How It Can Be Taken

  • In weekly periods

  • Cumulatively

  • As uninterrupted leave

⚠️ Payment rules will depend on Social Security regulations.


Flexible Working Arrangements (Not Paid by Social Security)

Reduced Working Hours for Childcare

  • Parents may request reduced working hours until the child turns 12 years old

  • Salary will be reduced proportionally

  • Subject to employer approval and operational needs


Lactation / Breastfeeding Leave

(Paid by the Employer)

After returning from maternity or paternity leave, both parents are entitled to lactation leave until the baby is 9 months old.

Key Details

  • Equivalent to approximately 15 additional paid working days

  • Counted as working time

  • Paid by the employer, not Social Security

Available Options

  • 1 hour per workday, or

  • 2 × 30-minute breaks, or

  • Accumulate hours into full days off (usually 12–15 days)

Notice Requirement

  • Written notice to the employer is required (typically 15 days in advance)


Compensation Summary

  • Maternity and paternity leave are fully compensated

  • Paid by Spanish Social Security (INSS)

  • Amount equals 100% of the regulatory base salary, calculated from average contributions

  • Designed to minimize financial impact during parental leave


How to Apply for Parental Leave

1. Required Documentation

Medical Certificate of Maternity Leave Start
(Informe de Baja Médica / Certificado de inicio de descanso por maternidad)

  • Issued by the public healthcare provider

  • Confirms:

    • Expected or actual birth date

    • Start date of leave

  • If leave starts before birth (up to 4 weeks), this must be stated

Birth Certificate or Family Book (Libro de Familia)

  • Issued after birth

  • Required to finalize the parental leave request

Application for Parental Benefit
(Solicitud de Prestación por Nacimiento y Cuidado del Menor)

  • Submitted:

    • Online via Tu Seguridad Social (INSS portal), or

    • In person at a Social Security office

Declaration of Shared Leave (if applicable)

  • Required if leave is shared between parents

  • Used to coordinate how the leave is divided


2. Submit the Leave Request Internally

Once documentation is ready, submit your leave request via the Horizons platform, as outlined in What kinds of leave entitlements do I have?








Was this article helpful?

That’s Great!

Thank you for your feedback

Sorry! We couldn't be helpful

Thank you for your feedback

Let us know how can we improve this article!

Select at least one of the reasons
CAPTCHA verification is required.

Feedback sent

We appreciate your effort and will try to fix the article



Related Articles