Paternity leave in Spain is undergoing one of its biggest transformations., with new developments affecting both fathers and mothers, single-parent families, and the self-employed. The latest reforms seek to improve family conciliation, adapt to European regulations and eliminate inequalities between different types of households..
If you have children, are expecting one, or simply want to know all the details about the new paternity leaveBelow you'll find a complete guide with all the key information explained clearly and concisely: deadlines, requirements, who can apply, step-by-step instructions, the most recent legislative changes, the impact on self-employed workers and employees, financial implications, and much more.
What are the new changes to paternity and maternity leave?
The latest major development in paternity leave was driven by the agreement between the Government and Sumar, approved by the Council of Ministers and pending publication in the Official State Gazette (BOE). Parental leave for both parents increases from 16 to 17 weeks, with a fundamental improvement in parental leave pay.In addition, retroactive measures are being incorporated to comply with European Union requirements and avoid financial penalties.
Specifically, families will be able to enjoy 17 weeks of 100% paid leave after the birth or adoption of a child., and two additional weeks of paid parental leave are also included for the care of children up to 8 years old.
In the case of single-parent families, the extension is even greater: they will be able to request up to 32 weeks of paid leave, of which 28 correspond to the first year of life and another 4 can be enjoyed until the child turns 8 years old.
These reforms will be activated when the standard is officially published. In addition, The payment for the two additional weeks of parental leave has retroactive effect from August 2, 2024., so that those who have already made use of that permit since then will be able to claim it retroactively.
Why is paternity and maternity leave being extended now?
Pressure from the European Commission has been key to accelerating these changes.Spain was required to transpose the European directive on parental leave by August 2024. The delay had triggered sanctions proceedings by Brussels, which could have resulted in fines of more than €40.000 per day.
To avoid sanctions and adapt to European regulations, The Government approved this immediate extension and the payment of two weeks of parental leave, which until now was an individual, non-transferable, but unpaid right. With the reform, two of those weeks are now paid, which represents an important recognition for thousands of families.
Who can benefit from these permits?
One of the best news of this expansion is that It affects both employees and self-employed workers., provided they are registered and up-to-date with Social Security. Furthermore, both public employees and salaried workers are eligible for the increase.
Contribution requirements vary depending on the applicant's age:
- Over 26 years: at least 180 days of contributions in the last 7 years, or 360 days throughout working life.
- Between 21 and 26 years: minimum 90 days in the last 7 years, or 180 days in total.
- Minors of 21 years: no minimum contribution period is required.
For self-employed individuals, it is also essential to be up to date with payments, both to Social Security and the Treasury, and to meet the usual contribution requirements.
What are the new paid weeks?
Paternity and maternity leave is now distributed over 17 weeks for each parent. (non-transferable and paid at 100%). Of these, The first 6 weeks are mandatory and uninterrupted after birth, adoption or foster careThe remaining 11 weeks can be taken flexibly, even on a part-time basis, until the child turns 12 months old.
Additionally, 2 weeks of paid leave are added to parental leave, which can be taken at any time until the child is 8 years old. This is an important change, as this leave previously existed but was unpaid.
In total, parents will be able to enjoy 19 weeks of paid leave between birth and care, with the goal of reaching 20 weeks soon.
What happens in the case of single-parent families?
One of the most relevant advances is the recognition of the particularities of the single parent families, who until now could not accumulate the leave of the second parent and were at a disadvantage compared to two-parent families.
Following the ruling of the Constitutional Court and recent legislative reforms, Your right to a total of 32 weeks of paid leave is recognized: 28 weeks during the child's first year of life and 4 weeks that can be used until the child turns 8 years old.
This change also responds to the principle of equality and non-discrimination, ensuring that children from single-parent homes are not at a disadvantage compared to those with two parents.
Furthermore, the Supreme Court and Social Security have issued criteria for these extensions to cover both biological mothers and any single parent, ensuring that all rights are respected, even in families through adoption, foster care, or guardianship for adoption purposes.
How do I apply for the new paternity leave?
The procedure for requesting permission follows several steps that should be followed to avoid delays or problems:
- Register the minor in the Civil Registry: This is the first and most essential step. Without this registration, the Social Security benefit process cannot be initiated.
- Notify the company of the start of the leave: This must be done at least 15 days in advance, especially if you intend to take the leave in installments or on a part-time basis.
- Request permission from Social Security: This can be done online at the electronic office (with a digital certificate, Cl@ve, or DNIe), in person at an INSS office with a prior appointment, or by mail.
- Present the necessary documentation: You must attach the completed official application, the company certificate (or sworn statement if you are self-employed), the family record book or administrative resolution (in the case of adoption or foster care), and proof of contributions.
- Indicate the mode of enjoyment of the permit: Specify whether you will take it all at once, in alternating periods, full-time or part-time, and, in the case of two weeks of paid parental leave, the chosen time while your child is under 8 years old.
- Save all documents: Keep a copy of what you submitted and the receipt for the request in case you need to make a claim or make inquiries later.
What is the financial value of the permit?
Both paternity and maternity leave are paid at 100% of the contribution base.For employees, the calculation is based on the common contingency base for the month prior to the birth, divided by the number of days in that month. For self-employed workers, the sum of the contribution bases for the previous six months is taken and divided by 180 days.
Social Security covers the full payment of the benefit, while the company remains obligated to reserve the employee's job and pay social security contributions during the leave.
For self-employed workers, if the sick leave lasts at least one month, there is a 100% discount on the monthly contribution, calculated based on the average base for the previous 12 months.
How can self-employed workers access paternity leave?
Self-employed workers are entitled to the same weeks of leave, under the same pay conditions as employees.To request it:
- You must be registered with Social Security and the Treasury, up to date with your payments, and apply for the permit within 15 days of the birth or adoption.
- The benefit is equivalent to 100% of the contribution base for the 6 months prior to birth or adoption.
- If the sick leave exceeds one month, the self-employed fee will be fully subsidized.
- Specific documentation must be provided: application form, proof of identity, company certificate (in the case of employees), proof of contribution, family book or registration, and, in the case of adoption, the administrative resolution.
Can mothers and fathers advance or transfer periods of leave?
The legislation contemplates, with the future Family Law, The possibility of advancing paternity leave by up to 10 days so that the second parent can accompany the mother in the final days of pregnancy.. However, once the permit has started, it is individual and non-transferable: : weeks cannot be given between parents.
In the case of multiple births, adoptions, or foster care, the leave is extended by one week per parent and for each child starting with the second. There is also a one-week extension for a child's disability and up to 13 additional weeks for premature birth or prolonged hospitalization.
What happens if the baby is born abroad?
Insured persons in Spain can apply for this permit even if the birth, adoption, or foster care occurred outside the country. Specific documentation proving parentage and residency must be presented, such as the family record book, a birth certificate issued by the Spanish Consular Office, or, if the minor is a foreign national, registration in the civil registry of the corresponding country (legalized or translated, if applicable).
How do collective agreements affect these permits?
With the equalization of maternity and paternity leave to 16 (now 17) weeks, The Supreme Court's jurisprudence has annulled the additional days that were previously included in some collective agreements.These additional days are no longer valid, as the basic regulations cover a longer and comparable duration, and cannot be combined with previous agreement improvements.
What other parental leave options exist?
In addition to birth leave, The regulations provide for new parental leave:
- An 8-week leave for childcare.
- A 5-day leave to care for a family member.
- A 4-day leave due to force majeure.
These permits do not replace parental leave, but they do give families flexibility to care for and look after minors in special circumstances.
How does the Constitutional Court ruling and the INSS's criteria affect single-parent families?
The Constitutional Court and the Supreme Court have been decisive in changing the legal interpretation on the accumulation of weeks in single-parent families, allowing Biological mothers and single parents add to the 17 ordinary weeks the additional 10 weeks that would correspond to the other parent, reaching a total of 26 weeks, which, with the new legislation, is extended to 32 weeks.
The INSS (National Social Security Institute) has announced, through its Management Criterion 20/2024, that it recognizes this right for all single parents and establishes the deadlines for requesting the extension, including pending claims and timely reviews of previous applications.
These changes seek to guarantee equality and full rights for all minors, regardless of family structure.
Finally, it's important to note that legislation continues to advance the pursuit of greater equality in work-life balance, with the goal of achieving a fairer and more balanced model for all.
