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A Guide to Maternity and Paternity Leave in Spain

Navigating the parental leave system in Spain can feel overwhelming, but understanding the key aspects is essential for both employees and employers. This blog outlines the main points of maternity and paternity leave, including their durations, the necessary documentation, and how to apply for leave. We’ll also cover the financial aspects and the role of the Spanish government in providing salary protection during this period.

Maternity leave in Spain

In Spain, maternity leave is designed to support the health of both mother and child, giving the mother time to recover from childbirth and bond with her newborn.

Length of maternity leave

The Spanish government provides a standard maternity leave of 16 weeks, which is fully paid by Social Security. This period can be divided into pre-birth and post-birth segments:

  • Prenatal leave (up to 4 weeks before birth): Mothers can choose to start their leave up to 4 weeks before their due date, allowing them time to prepare physically and emotionally for childbirth.
  • Postnatal leave (at least 12 weeks after birth): The remaining 12 weeks are taken after the baby is born. This time is crucial for the mother to recover and adjust to the new family dynamics.

Maternity leave in Spain can also be extended in certain circumstances:

  • Extended leave: If the birth is a multiple birth, if the baby is born with a disability, or if the baby requires hospitalization after birth, additional weeks may be added to the maternity leave. Mothers can also transfer up to 10 weeks of their maternity leave to the father, depending on their personal or family needs.

Requesting maternity leave

To apply for maternity leave in Spain, the employee must first obtain a medical certificate from their doctor, confirming the pregnancy and specifying the expected delivery date. This document is essential for both the employer and Social Security to approve the leave.

Additionally, the employee must submit a written notice to their employer, detailing the intended dates of the maternity leave. It is important that this notification is provided well in advance to allow the employer sufficient time to make the necessary arrangements.

Salary during maternity leave

In Spain, maternity leave is covered by the national Social Security system. Mothers are entitled to receive 100% of their usual salary during the entire 16-week period, funded by Social Security. This financial support helps to ensure that new mothers can take time off without suffering from a loss of income.

Paternity leave in Spain

Spain’s paternity leave system recognizes the crucial role that fathers play in the early stages of their child’s life. Recent reforms have improved the conditions for paternity leave, making it one of the more generous systems in Europe.

Length of paternity leave

In Spain, fathers are entitled to 16 weeks of paid paternity leave. This leave is structured as follows:

  • Mandatory leave (6 weeks after birth): Fathers are required to take 6 consecutive weeks of paternity leave immediately following the birth of their child. This ensures that fathers are present to support the mother and newborn during the critical early days.
  • Optional leave (10 additional weeks): The remaining 10 weeks can be taken either continuously or split into blocks. Fathers are required to complete this leave within 12 months of the birth, providing flexibility to meet their family’s needs.

This structure allows fathers to play an active role in their child’s early life while balancing work responsibilities.

Requesting paternity leave and salary during paternity leave

The process of requesting paternity leave in Spain is similar to that of maternity leave. Before the birth, the father is required to provide the employer with a copy of the pregnancy confirmation and submit a formal request for paternity leave, specifying the expected dates. After the birth, the father must submit the child’s birth certificate and confirm the exact dates of leave with the employer. This application process allows fathers to plan their time off effectively and balance it with their professional responsibilities.

Like maternity leave, paternity leave in Spain is paid at 100% of the father’s regular salary, and this is covered by Social Security.

Understanding maternity and paternity leave in Spain

Understanding Spain’s maternity and paternity leave laws is vital for creating a supportive and compliant workplace. By staying informed and adhering to legal requirements, employers can ensure a smooth process for employees during these significant life events.

At Parakar, we are here to help you navigate Spanish labour laws, including parental leave regulations. Our team of experts provides comprehensive guidance to ensure that your business complies with local laws and supports your employees during their maternity and paternity leave.

Contact Parakar today to learn more about how we can assist you with these important responsibilities, allowing you to focus on what truly matters, supporting your employees.

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