Parental leave

Parental leave

Maternity and paternity leave in Spain is equal in terms of rights, and consists of 16 weeks, distributed in two ways:

  • 6 mandatory, uninterruptedweeks, to be taken on a full-time basis immediately after childbirth
  • 10 weeks, which can be interrupted after the mandatory six weeks or in weekly periods until the child is 12 months old.
  • the mother can anticipate the start of the benefit 4 weeks before the probable date of delivery.

You will be entitled to parental leave if you are working or unemployed if you meet the following requirements:

  • if you are between 21 and 26 years old: you must have contributed a minimum of 90 days in the 7 years prior to giving birth or 180 days in your entire working life.
  • if you are over 26 years old: you must have contributed a minimum of 180 days in the 7 years prior to giving birth or 360 days in your entire working life.
  • If you are under 21 years of age, no contribution period is required.

Remember that maternity and paternity leave is a right under the Workers’ Statute and is paid by the Social Security, with an amount that will be 100% of your salary at the time you begin to enjoy the leave itself.

Leave for the care of a nursing baby:

  • It is a parental right under art. 37.4 of the Statute of Workers recognized for both the father and the mother for a period of 9 months.
  • It gives the right to be absent from work for one hour (or two fractions of half an hour) a day to breastfeed the newborn (for example, to reduce the working day by half an hour at the beginning or end of the day).
  • The company may not limit this right or the choice of how it is exercised.
  • If both parents exercise this right with the same duration and regime exercise this right with the same duration and regime, the period of enjoyment may be extended up to 12 months, with a reduction in salary after 9 months.