Q&A: How Spain's new parental leave rules will work

The Spanish government has approved longer paid leave for parents, including up to 32 weeks for single-parent households. 

The changes were approved on Tuesday at the last cabinet meeting before the summer break, after an agreement between the two coalition parties – the Socialists and Sumar. 

Sumar leader and Spain's Second Deputy PM Yolanda Díaz explained that Spain was facing fines from the EU for failing to comply with the European Work-Life Balance Directive, which should have been implemented nearly a year ago. A daily penalty of €9,000 – adding up to over €10 million so far – was set to rise to €43,000 per day from August 1.

The measures take effect immediately, but must be ratified by the Spanish Congress in September. The government is confident it has the necessary support.

Here's how the changes will work.

What are the main changes to parental leave?

There are three main changes.

Firstly, from now on, standard parental leave for both parents will be increased from 16 to 17 weeks. As before, both parents are obliged to take six weeks leave from the birth (or adoption or foster care) of the child, while the remaining 11 weeks (previously 10 weeks) each can be taken at any point within the first year.

Secondly, parents can avail of two additional paid weeks leave for childcare, which can be used at any point before the child turns eight. This measure will apply to parents of children born on or after August 2, 2024. Legislation introduced in 2023 allows parents to request up to eight weeks off work to take care of their children under 8 years old, but this is unpaid leave.

Finally, for single-parent families, paid leave doubles from 16 weeks to 32 weeks, a change previously endorsed by Spain's Constitutional Court. Four of these weeks can be used at any point before the child turns 8 years old.

Who is eligible?

Díaz confirmed that the additional paid leave will apply to "public sector workers, salaried employees, and the self-employed."

What about breastfeeding leave?

Breastfeeding leave – which can be used by both parents and regardless of the actual feeding method – remains unchanged. If accumulated, it typically amounts to two to three weeks, depending on factors like working hours, employment type, and collective agreements.

How much is it and how will it be funded?

Social Security rather than employers will cover payments to parents. Employees will receive the equivalent of 100% of their salary. The Spanish government has estimated the cost of extending these benefits at €1.5 billion.

Can leave be transferred between parents?

No. As before, parental leave is equal for both parents (if there are two) and non-transferable.

Could parental leave be extended again?

Sumar – the left-wing smaller party in Spain's governing coalition – pointed out the changes will mean that parents will be entitled to 19 weeks of paid leave for the birth of a child (17 weeks) and care of a child (2 weeks). 

However, they are still committed to the measures agreed in the program for government with PM Pedro Sánchez's government: 20 weeks paternity and maternity leave in the child's first year, plus four weeks paid leave and four weeks unpaid leave for caring for children under 8 years old.