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Maternity and paternity leave in Spain

How birth and childcare leave works in Spain, including the extended entitlement effective from 2026.

Last reviewed: 2026-06-15Total entitlement is 19 weeks per parent as of 2026, up from 16 weeks previously; single-parent (monoparental) families receive 32 weeks in total, since one parent covers both shares.

This guide is not yet verified by Tuchati's editorial review — treat it as a helpful starting point, not a final legal answer.

Overview

Spain gives both parents an equal, individual and non-transferable right to paid leave around the birth or adoption of a child, fully paid by Social Security. Entitlements were extended from 1 January 2026 under Real Decreto-ley 9/2025.

Requirements

  • You must be registered with, and contributing to, Social Security to qualify for the paid benefit (a minimum contribution period applies for workers over 26)
  • Applies equally to birth, adoption, foster care and guardianship situations

Step-by-step process

  • Each parent takes 6 weeks immediately following birth or adoption, which is mandatory and must be taken full-time and consecutively
  • Each parent then has 11 further weeks that can be used flexibly (full-time or part-time) any time before the child turns 12 months old
  • From 2026, each parent also has 2 additional weeks that can be used at any point until the child turns 8 years old
  • Notify your employer of your planned leave dates in advance, as required by your contract

Required documents

  • Birth certificate or adoption/guardianship documentation
  • Application submitted through Social Security's electronic office (Sede Electrónica)

Common mistakes

  • Assuming leave must be used all at once — 11 of the 19 weeks (plus the new 2) can be spread out rather than taken consecutively
  • Not realising the benefit is paid 100% by Social Security, not by your employer directly, though your employer manages the paperwork

Practical tips

  • Both parents' leave is separate and non-transferable — one parent can't give their weeks to the other
  • If you're a single parent by choice or circumstance, confirm your monoparental status is registered correctly, since it doubles your total entitlement

How Tuchati can help

If you're planning parental leave and want to understand how to structure your weeks or what to submit, Tuchati can walk you through the process.

Frequently asked questions

Maternity and paternity leave in Spain — Help Centre — Tuchati