Birth and parental leave in Spain and your job

Key rules

• Birth leave: Each parent has their own leave that cannot be passed to the other parent.
• Compulsory weeks: The first weeks after the birth must be taken full-time, with no option to postpone them.
• Part-time: Taking the flexible weeks part-time needs your employer's agreement.
• Parental leave pay: The extra permiso parental is unpaid.
• Your job: You return to the same or an equivalent job, and a dismissal because of your leave is void.

How much birth leave you get

Each parent has their own birth leave of 16 weeks, and it cannot be transferred to the other parent. If one of you does not use it, the other cannot take it. Social Security pays you during the leave, so you are not paid by your employer in the usual way.

You get extra weeks in some cases: 2 more weeks for each child after the first in a multiple birth, and 2 more if the child has a disability.

How to split the 16 weeks

The first 6 weeks after the birth are compulsory and full-time. You cannot skip them or work during them.

The other 10 weeks are flexible. You can take them in weekly blocks, at any time until the child is 12 months old. You can take them full-time. You can take them part-time only if your employer agrees, so ask in writing.

Notice to your employer

Tell your employer in writing the dates of your flexible weeks. Do the same if you later change how you take them. The notice period is 15 days before the flexible period starts, unless your collective agreement sets a different one. Check your agreement.

Extra parental leave (permiso parental)

On top of birth leave, each parent can take up to 8 weeks of permiso parental to care for a child until the child turns 8. You can take it:

• continuously or in parts
• full-time or part-time
• in weekly blocks or in days

Ask your employer at least 10 days ahead, unless your collective agreement sets another period. Your employer can postpone it only for properly justified business reasons, and must then propose another date.

This leave is unpaid. Social Security's birth benefit does not cover it.

Your job when you return

You have the right to go back to the same job. If that is not possible, you must get an equivalent job in the same professional group. You also benefit from any improvement in working conditions that took effect while you were away.

A dismissal connected to your leave is automatically void (nulo). If it happens, get advice from a labour lawyer or a union quickly, because deadlines to challenge a dismissal are short.

The timeline, checklist and common questions below cover the steps and details.

Timeline and deadlines

• Take the compulsory first 6 weeks of birth leave, full-time: immediately after the birth

• Give written notice of any change in how you take the flexible weeks: before the change, with the notice period that applies to you

• Ask your employer for the permiso parental of up to 8 weeks: at least 10 days before it starts

• Use the permiso parental, continuously or in parts: any time until the child is 8 years old

• Propose another date if your employer postpones the permiso parental for business reasons: when your employer gives a justified reason to postpone

Checklist

• Plan to be off work full-time for the first 6 weeks after the birth.

• Choose the dates for your other 10 weeks so they all fall before the child turns 12 months.

• Ask your employer in writing to agree if you want to take flexible weeks part-time.

• Read your collective agreement to see whether it sets a notice period different from 15 days.

• Send your employer written notice of the flexible week dates before the notice period starts.

• Decide how to take the permiso parental of up to 8 weeks: continuously or in parts, full-time or part-time.

• Request the permiso parental in writing at least 10 days ahead, and keep the child under 8 when you take it.

What to watch out for

• Dismissal because of your leave: A dismissal connected with your birth leave is automatically void (nulo). Your employer cannot end your job because you took it. If you are dismissed during or after the leave, get the letter in writing and seek legal advice straight away, because the time limit to challenge is short.

• A different job when you return: Your employer may offer you a lower role or worse conditions on your return. You are entitled to the same job, or an equivalent one in the same professional group, plus any improvement in conditions you missed. Ask in writing for your same job and conditions before your return date, and contact your union or a labour adviser if they refuse.

• No pay during the permiso parental: The permiso parental is unpaid, so your income stops while you take it. Work out your household budget before you request it, and check whether any paid element has been introduced.

Frequently asked questions

Can I take the flexible weeks of birth leave part-time?

Yes, you can take the flexible weeks part-time, but only if your employer agrees. Without that agreement you take them full-time, in weekly blocks. Ask for the agreement in writing before you plan your return.

How much notice do I give my employer for the flexible weeks?

You give notice in writing at least 15 days before the flexible period starts, unless your collective agreement sets a different period. Send a new written notice if you later change how you take those weeks.

Is the permiso parental of up to 8 weeks paid?

No, the permiso parental is unpaid under employment law, and the Social Security birth benefit does not cover it. Each parent can take up to 8 weeks until the child is 8 years old. Ask your employer or the Social Security office whether any paid element has since been introduced.

Do I get extra birth leave for twins or a child with a disability?

Yes, you get 2 extra weeks for each child after the first in a multiple birth, and 2 extra weeks if the child has a disability. These weeks are added to the standard leave for each parent.

What happens to my job and conditions when I return from birth leave?

You go back to the same job, or to an equivalent job in the same professional group if that is not possible. You also get any improvement in working conditions that you would have had if you had been at work.