The Council of Ministers approved this Tuesday the extension by three weeks of the birth and child care leave, which increases from 16 weeks to 19. At the same time, it doubles from 16 to 32 weeks the leave for single-parent families, where "almost 80% are women," according to the Spanish government in a press release.
The central government has argued that these measures "improve protection for parents and children, promote shared responsibility if there are two parents, and uphold the right to work-life balance".
“Spain is today an international example and a benchmark in policies for shared responsibility and equality. With this significant advance, Social Security responds to a demand that expands support for families and also allows us to continue progressing in more rights, equality, and progress to build a better, stronger, and more cohesive country,” stated the Minister of Inclusion, Social Security, and Migration, Elma Saiz.
The new three weeks, which will be covered by extending the duration of the birth and child care benefit from Social Security, will also be managed by the National Institute of Social Security (INSS).
After the extension, the 19 weeks of the birth and child care benefit are structured as follows:
One week is added to the birth and child care benefit, totaling 17 weeks, of equal duration and non-transferable between both parents, and 28 in the case of single-parent families, during the first 12 months of the baby, or, in the case of adoption, guardianship, or foster care in the first year, from the judicial or administrative resolution; in weekly periods or accumulated.
As established by law, it is mandatory that the first six weeks be taken continuously on a full-time basis immediately after birth or adoption, foster care, or guardianship. These changes take effect immediately.
Additionally, families will also be able to enjoy two new additional weeks of leave for the care of the child, four in the case of single parents, flexibly until the child turns eight years old. Families whose children were born from August 2, 2024, can retroactively apply for this right. This right can be requested starting January 1, 2026.
With these measures, the transposition of the Work-Life Balance Directive adopted in 2019 is completed.
Individual and non-transferable right
The birth and child care benefit is an individual right of the worker and is not transferable to the other parent, replacing the former maternity and paternity benefits in 2021 and equating them.
The central government argues that Spain "has become an international benchmark in work-life balance and shared responsibility policies related to birth and child care leave and its coverage by Social Security".
In 2019, the progressive equalization of mothers' and fathers' leave was approved based on three principles: equality, non-transferability, and 100% remuneration. In that year, paternity leave increased from 5 to 8 weeks; and in 2020, to 12. In 2021, full equalization came into effect, and the leave became 16 weeks, six of which must be taken immediately after childbirth or judicial or administrative resolution in cases of adoption, guardianship, or foster care. The remaining time can be taken in successive periods before the baby turns one.
The extension and equalization of this leave have allowed the exercise of this right to become widespread among fathers in terms equivalent to mothers (in the first half of this year, women enjoyed an average leave of 112 days, while men took 109 days), which "positively impacts shared responsibility: more hours of child care, greater attachment between parents and children, as well as less labor discrimination against women, while increasing their participation in employment and helping to reduce the gender gap, according to academic literature".
Amount and application
The amount of these benefits is equivalent to 100% of the regulatory base and is paid directly by the INSS during the weeks the leave lasts.
The National Institute of Social Security offers the possibility to apply for the birth benefit electronically, through the portal Your Social Security. Successive periods of leave for birth or child care can also be requested electronically if the parents choose to divide the period.
