Parental leave in Spain (2026)

Last reviewed: 7 November 2026

In short: Each parent has 19 weeks of leave for the birth of a child (32 weeks for a single parent), with the first 6 weeks after the birth compulsory. Social security pays 100% of the regulatory base. Dismissal during leave is null.

RuleWhat applies
Maternity leaveTaking parental leaveBirth and care of a child suspends the contract of the biological mother for 19 weeks, and for a single parent family 32 weeks. The first 6 weeks after the birth are compulsory and must be taken full-time. Then 11 weeks (22 for a single parent) can be taken freely until the child is 12 months old, and 2 weeks (4) until the child is 8. The mother can start up to 4 weeks before the expected birth date. Extra time applies for disability of the child or multiple births, and for a premature or hospitalised baby. [1]
Paternity leaveTaking parental leaveThe parent other than the biological mother has the same leave: 19 weeks (32 for a single parent family), of which 6 weeks straight after the birth are compulsory. The right is individual and cannot be transferred to the other parent. Adoptive, fostering and guardian parents also get 19 weeks each. [1]
Parental leaveTaking parental leaveParental leave (permiso parental) of up to 8 weeks, continuous or not, for the care of a child under 8, full-time or part-time. It is an individual right and cannot be transferred. The notice to the employer is 10 days. A leave of absence (excedencia) of up to 3 years per child can also be taken. [1]
Pay during leaveTaking parental leaveThe social security pays a subsidy for birth and care of a child equal to 100% of the regulatory base, which is generally the previous month's contribution base for common contingencies divided by the number of days it covers. Minimum contribution periods depend on age: none under 21, 90 days in the last 7 years from age 21 to 25, 180 days from age 26. [2]
Job protectionTaking parental leaveAt the end of the leave the worker has the right to return to the reserved job. Dismissal is null during the suspension for birth, during the parental permit, for pregnant workers from the start of the pregnancy, for workers who have requested or are using the childcare leave rights or the parental leave of absence, and for workers returned to work within 12 months of the birth, unless the dismissal is declared fair for reasons unrelated to these rights. In a leave of absence for childcare the job is reserved for the first year (up to 15 or 18 months for large families). [1]

Notes

  • The texts read do not say whether the 8-week parental permit or the childcare leave of absence is paid.

Sources

  1. Agencia Estatal Boletín Oficial del Estado: Real Decreto Legislativo 2/2015, de 23 de octubre, por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores (consulted 7 November 2026) · all sources
  2. Agencia Estatal Boletín Oficial del Estado: Real Decreto Legislativo 8/2015, de 30 de octubre, por el que se aprueba el texto refundido de la Ley General de la Seguridad Social (consulted 7 November 2026) · all sources

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General information, not legal advice. Rules change: check the official source before you fly or ride.