Maternity and paternity leave in Spain, explained for expats
Updated October 13, 2026 · sources checked October 13, 2026
In short
As of October 2026, each parent working in Spain has 19 weeks of birth and childcare leave (32 for a single parent): 6 compulsory weeks right after the birth, 11 flexible weeks before the baby turns one, and 2 weeks before age eight. The INSS pays 100% of your regulatory base if you meet the contribution conditions, whatever your nationality.
One leave, the same for both parents
Spain no longer has a separate maternity leave and paternity leave. The Social Security explains that both have been unified into a single benefit called nacimiento y cuidado de menor, birth and childcare, which belongs to each parent "whatever their sex". Royal Decree-law 9/2025 extended it with effect from 31 July 2025.
As of October 2026, for employees under the Workers' Statute, the Social Security describes each parent's leave like this:
| Part of the leave | Each parent | Single parent | When |
|---|---|---|---|
| Compulsory weeks | 6 | 6 | Immediately after the birth, uninterrupted, full-time |
| Flexible weeks | 11 | 22 | In weekly blocks, together or separately, from the end of the compulsory weeks until the baby turns 12 months |
| Care weeks | 2 | 4 | In weekly blocks until the child turns 8 |
| Total | 19 | 32 |
The birth mother may bring forward part of her flexible weeks to start up to 4 weeks before the expected due date, the date set in the maternity report of the public health service.
Extensions
- Twins or more: one extra week for each parent for each child from the second.
- Disability of the child: one extra week for each parent.
- Premature birth with low weight, or a hospital stay of more than 7 days after the birth: the leave and the benefit can be extended by the number of days in hospital, up to 13 additional weeks, and can be counted from discharge (except the 6 compulsory weeks).
- Single parent: may take the full extensions.
Rules for the flexible weeks
- You must tell your employer at least 15 days in advance.
- The last 13 weeks (26 for a single parent) can be taken full-time or part-time if you and your employer agree.
- If both parents work for the same company, the company may limit taking them at the same time for well-founded reasons, explained in writing.
How much you are paid
The benefit equals 100 per cent of your regulatory base (base reguladora). For a monthly-paid employee registered for the whole month, it is the contribution base for common contingencies of the month before the month preceding the start of leave, divided by thirty. Part-time and seasonal permanent workers use the average of the last twelve months. Self-employed workers use the sum of their last six months of contribution bases divided by 180.
The INSS pays the benefit, not your employer. Ask HR whether your collective agreement adds anything.
Who qualifies
You must be affiliated and registered with Social Security (en alta, or in an equivalent situation) at the start of each period of leave, and have contributed for a minimum period that depends on your age on the date of the birth:
| Age at the birth | Minimum contribution |
|---|---|
| Under 21 | None |
| 21 to 25 | 90 days in the 7 years before the leave, or 180 days over your working life |
| 26 or over | 180 days in the 7 years before the leave, or 360 days over your working life |
Self-employed workers must also be up to date with their contributions. Nationality is not one of the conditions.
Good to know
New to Spain? The Social Security page counts contributions in the Spanish system. If you have worked in another EU country or in a country with a social security agreement with Spain, ask the INSS whether those periods can count for you before you conclude that you do not qualify.
The non-contributory subsidy
If you meet every condition except the minimum contribution, the Social Security provides a non-contributory subsidy: 100 per cent of the IPREM in force (or your regulatory base if it is lower), for the length of the compulsory rest after the birth. It is extended by 14 calendar days, once only, for a large family, a single-parent family, a multiple birth, or a disability of 65 per cent or more of the parent or child.
Self-employed (autónomos)
The same benefit covers you. Your protected period is a stop in your activity matching the employees' leave in length and distribution; if you take it part-time, your activity can only be reduced by 50 per cent.
Other rights at work after the birth
- Infant care ("breastfeeding") hour. One hour of absence a day, which can be split in two, until the baby is 9 months old (Workers' Statute, article 37.4). You can instead reduce your day by half an hour or accumulate the time into full days. If both parents take it with the same length and system, it can extend until 12 months, with a proportional reduction of pay from 9 months. It does not depend on how you feed your baby.
- Premature or hospitalised baby. One hour of absence, and a reduction of the working day of up to two hours with proportional pay (article 37.5).
- Parental leave. Up to 8 weeks per parent, until the child turns 8, with 10 days' notice (article 48 bis). The article does not set pay: ask HR how it is handled.
- Prenatal appointments. Paid time off for prenatal examinations and childbirth preparation during working hours (article 37.3.f).
- Protection against dismissal. Article 55.5 makes null a dismissal of a pregnant worker from the start of the pregnancy, during the birth leave, and after return to work within 12 months of the birth, among other cases. If you receive a dismissal letter, contact a labour lawyer or your union straight away.
How to apply, step by step
- Before the birth: make sure you can identify yourself online with the Social Security (digital certificate, Cl@ve or another accepted method). For foreigners, setting this up can take time.
- Tell your employer your planned dates, with 15 days' notice for the non-compulsory weeks.
- After the birth: gather your ID (passport or NIE/TIE), the birth certificate and, for the birth mother, the maternity report of the public health service.
- Apply to the INSS through the Social Security electronic office or at an INSS office.
- Watch your electronic notifications. The Social Security states that notifications and decisions on this benefit are sent only electronically.
For the partner
For the partner. You are not "helping": these 19 weeks are your own right, and the first 6 are compulsory. Plan them with your employer before the due date, and remember the flexible weeks must be used before your baby's first birthday.
Leave planner
| Parent 1 | Parent 2 | |
|---|---|---|
| Compulsory 6 weeks | From the birth | From the birth |
| 11 flexible weeks | Dates: | Dates: |
| 2 care weeks (before age 8) | Dates: | Dates: |
| Notice given to employer on |
The rest of your baby's paperwork, from the Civil Registry to the residence card, is in our guide to registering a birth in Spain. The whole country overview is on having a baby in Spain as an expat.
Questions parents ask
How long is maternity leave in Spain in 2026?
Each parent has 19 weeks of birth and childcare leave, or 32 weeks for a single parent. This applies since Royal Decree-law 9/2025 came into force on 31 July 2025.
Is maternity leave in Spain paid at 100%?
Yes. The Social Security states that the benefit equals 100 per cent of the regulatory base, which is based on your contribution base, and it is paid by the INSS.
Can foreigners get maternity pay in Spain?
The benefit depends on being registered with Social Security and having the minimum contribution period, not on nationality. If you are missing the contribution period, a non-contributory subsidy may apply.
Can the father take the same leave as the mother?
Yes. Each parent has the same 19 weeks, the first 6 compulsory and full-time after the birth. The weeks cannot be transferred between parents.
When do I have to tell my employer?
For the non-compulsory weeks, at least 15 days in advance.
Sources
- Seguridad Social — Nacimiento y cuidado de menor (requisitos, cuantía, subsidio no contributivo) checked October 13, 2026
- Seguridad Social — Periodos de descanso en relación al Estatuto de los Trabajadores checked October 13, 2026
- BOE — Estatuto de los Trabajadores, artículos 37, 48 bis y 55 checked October 13, 2026
- Seguridad Social — Sede electrónica checked October 13, 2026
Mamavela explains; it does not replace your midwife, doctor or pediatrician, who know your situation. If something worries you, call them. In an emergency, call 911 (US), 999 (UK) or 112.