Parental leave pay (prestación por nacimiento), how long and how much

Key rules

• Your own leave: Each parent has an individual right to leave that cannot be transferred, except after the mother's death or in a single-parent family.
• Paid by the INSS: The INSS pays you directly by monthly bank transfer, whether you are an employee or self-employed.
• Voluntary weeks: The 10 voluntary weeks can be taken in weekly blocks, full-time or part-time, until the child is 12 months old.

How long you get

Each parent gets 16 weeks of paid leave. The leave belongs to you alone and cannot be passed to the other parent.

The first 6 weeks after birth must be taken full-time by both parents, straight after the birth and without a break. The other 10 weeks are voluntary. You can take them in weekly blocks, full-time or part-time, until the child turns 12 months old. Tell your employer before each voluntary block. The timeline below shows the order.

Extra weeks

• Multiple births add 2 weeks for each parent for each extra child.
• A child with a disability adds 2 weeks for each parent.
• A single-parent family can add the other parent's share, which makes 32 weeks in total.

The same system applies to adoption, guardianship and foster care.

Can you transfer weeks?

No. If one parent is not entitled to the benefit, that parent's share is lost and the other parent cannot take it. There are two exceptions. If the mother dies, the other parent may take the remaining leave. In a single-parent family, the one parent takes the other parent's weeks.

How much you get

The benefit pays 100% of your base reguladora. This is your regulatory base, the amount the benefit is calculated from.

For employees, it is the daily amount from the previous month's contribution base, normally the month before the leave starts, divided by the days in that month. If you are paid by the day or work irregular hours, it comes from the previous year's contributions. You are paid for each calendar day of leave. The base cannot go above the maximum contribution base.

Who pays and how

The INSS pays you directly by bank transfer, monthly. This applies to employees and the self-employed. Your employer does not pay you and then deduct it. The old arrangement, called pago delegado, no longer applies to employees.

For tax and part-time questions, see the quick answers below.

Timeline and deadlines

Your leave, step by step

• Take the first 6 weeks right after the birth, full-time and without a break: From the day of birth, for 6 weeks; both parents must take them

• Tell your employer before each voluntary block: At least 15 days before the block starts

• Finish all voluntary weeks: Before the child turns 12 months old

• Add extra weeks if they apply to you: 2 extra weeks for each parent for a multiple birth (per extra child) or a child with a disability; single-parent families can add the other parent's share, 32 weeks in total

Quick answers on parental leave pay

Can I transfer my weeks of leave to the other parent?

No, your leave is an individual right and you cannot transfer your weeks to the other parent. If a parent is not entitled to the benefit, their share is lost. The only exceptions are the death of the mother, when the other parent may take the remaining leave, and a single-parent family, where the one parent can take the other parent's weeks.

Is the birth benefit subject to IRPF income tax?

No, the birth benefit is exempt from IRPF, Spain's personal income tax, so the INSS does not withhold tax from it. Receiving it can still affect how tax is calculated on your other income.

Can I take the voluntary weeks in blocks or part-time?

Yes, you can take the 10 weeks in weekly blocks, continuous or not, until the child is 12 months old, and you must tell your employer at least 15 days ahead. Part-time use needs your employer's agreement and a working day of at least 50%. The benefit is then paid in proportion to the hours you do not work, at 100% of the base for those hours.

Can I claim the benefit if my baby is born outside Spain?

Yes, you can claim for a baby born abroad if you work in Spain and meet the contribution requirements, because the benefit depends on your Spanish Social Security record, not the place of birth. The birth must be properly documented. You can also take the leave during a temporary stay abroad if you tell the INSS.