Maternity leave in Spain lasts 16 weeks at 100% of the employee’s regulatory salary, paid by Social Security (Seguridad Social). The leave is compulsory and non-transferable — the employee must take the full period, and the non-transferable portion cannot be transferred to the father. The employer’s role is primarily administrative: collecting and submitting the claim to Social Security, continuing social security contributions, and managing the return-to-work process.
This guide covers Spanish maternity leave in 2026: the 16-week entitlement, Social Security benefit calculation, employer obligations, notice requirements, and the rules governing return to work.
Key takeaways
- Maternity leave lasts 16 weeks at 100% of the regulatory salary, paid by Social Security (Incapacidad Temporal).
- The leave is compulsory and non-transferable — the employee must take it and cannot transfer the non-transferable weeks to the father.
- There is no qualifying period for the benefit — the employee is entitled from the first day of employment, provided they are registered with Social Security.
- The employer must submit the claim to Social Security within 15 calendar days of the start of the leave.
- Dismissal protection applies from the beginning of pregnancy until nine months after the birth (the duration of the leave).
Maternity leave entitlement
The Estatuto de los Trabajadores, article 46 grants every employee the right to 16 weeks of maternity leave for each birth. The leave is:
- Compulsory: the employee must take the full 16 weeks.
- Non-transferable: the six weeks that were previously transferable to the father are now compulsory for the mother, following the 2021 reform.
- Immediate: the leave starts on the date of birth (or the date of the medical certificate confirming the pregnancy for adoption/surrogacy cases).
The employee may request to distribute the leave flexibly — for example, taking it in two blocks or reducing the daily working hours — provided this is agreed with the employer. However, the total duration must remain 16 weeks.
Adoption and surrogacy
Maternity leave also applies to adoption and surrogacy, with the same 16-week entitlement. The leave starts on the date of the judicial resolution or the date of the child’s placement, and the employee must provide the relevant documentation.
Social Security benefit calculation
Maternity leave is paid by the Seguridad Social as part of the Incapacidad Temporal (temporary incapacity) benefit. The employee receives 100% of their regulatory salary — the average daily salary over the 180 days before the leave started.
| Item | Detail |
|---|---|
| Benefit rate | 100% of regulatory salary |
| Regulatory salary | Average daily salary over 180 days before leave |
| Daily maximum (2026) | Subject to Social Security contribution bases |
| Monthly maximum (2026) | ~€4,123 (based on maximum contribution base) |
| Duration | 16 weeks (full period) |
| Taxable | Yes (subject to income tax and social security contributions) |
Worked example
| Item | Amount |
|---|---|
| Employee’s salary (180-day average) | €2,500 / month |
| Regulatory daily salary (€2,500 ÷ 30) | €83.33 |
| Monthly benefit (€83.33 × 30) | €2,500 / month |
| Total benefit (4 months) | €10,000 |
For employees earning above the Social Security contribution ceiling, the benefit is capped at the maximum regulatory salary.
Employer obligations
The employer’s role in Spanish maternity leave is primarily administrative. The employer does not pay the benefit — Social Security does — but the employer has several critical obligations:
1. Submit the claim to Social Security
The employer must submit the solicitud de prestación por maternidad to Social Security within 15 calendar days of the start of the leave. The claim is submitted electronically through the Seguridad Social portal.
The employer must provide:
- The employee’s details (NIF, Social Security number).
- The date of birth (or date of placement for adoption).
- The employee’s salary details for the 180-day reference period.
2. Continue social security contributions
During the maternity leave period, the employer must continue making social security contributions on the employee’s behalf. The employer pays the employer’s share, and the employee’s share is effectively covered by the benefit.
3. Manage the return-to-work process
At the end of the 16-week period, the employer must reinstate the employee to their role or a comparable role. The employer must also manage any request for flexible return-to-work arrangements.
4. Maintain the employment relationship
The employment contract is suspended during the leave — not terminated. The employer must keep the position open and cannot take any action that prejudices the employee’s rights.
Notice requirements
The employee must provide the employer with:
- At least 15 calendar days before the start of the leave: written notice of the expected start date, accompanied by the medical certificate or birth certificate.
- Immediately after the birth: the birth certificate, which confirms the start date of the leave.
The employer then has 15 calendar days from the start of the leave to submit the claim to Social Security. Missing this deadline can delay the benefit payment to the employee.
Dismissal protection
Spanish law provides strong protection during and after maternity leave:
- During pregnancy: dismissal is prohibited except for objective causes (restructuring, redundancy) or serious misconduct. The employer must prove that the dismissal is unrelated to the pregnancy.
- During maternity leave: dismissal is prohibited absolutely, except in cases of company closure or serious misconduct.
- After maternity leave: protection continues for nine months from the date of birth (the duration of the leave). During this period, any dismissal must be demonstrably unrelated to the pregnancy.
Under article 55.5 of the Estatuto de los Trabajadores, dismissal during the protected period is automatically void (nulo) unless the employer can prove that the dismissal is based on genuine grounds unrelated to the pregnancy.
Return to work
At the end of the 16-week leave, the employee has the right to return to the same role or a comparable role with the same salary and conditions. The employer cannot offer a lower position or impose less favourable conditions.
Under article 46.9 of the Estatuto de los Trabajadores, the employee may request a reduction in working hours (reducción de jornada) of between one-eighth and one-half of the daily working hours for the first twelve months after the birth. This is a right, not a request — the employer must grant it, subject to operational constraints that must be negotiated in good faith.
Common pitfalls
1. Failing to submit the claim within 15 days
The 15-day deadline for submitting the claim to Social Security is strict. Late submission delays the benefit payment and creates an operational gap.
2. Paying the benefit instead of Social Security
The employer does not pay the maternity benefit — Social Security does. Employers who pay the benefit themselves and then claim reimbursement create unnecessary cash flow problems.
3. Dismissing during the protected period
Dismissal during pregnancy or for nine months after the birth is void unless the employer can prove genuine grounds unrelated to the pregnancy. Planning a redundancy during this period is high risk.
4. Not granting the flexible return-to-work request
The right to reduce working hours for the first twelve months after the birth is a statutory entitlement. Refusing or delaying the request is a breach of the Estatuto de los Trabajadores.
5. Forgetting the non-transferable weeks
Since the 2021 reform, all 16 weeks are compulsory for the mother. The non-transferable weeks cannot be transferred to the father, even by agreement.
For more Spanish context, see our guide to annual leave entitlements in Spain and the overview of the main types of leave employers manage.
Frequently asked questions
How long is maternity leave in Spain?
Maternity leave lasts 16 weeks at 100% of the regulatory salary. The leave is compulsory and non-transferable — the employee must take the full period.
Who pays maternity leave in Spain?
Social Security (Seguridad Social) pays the benefit at 100% of the employee’s regulatory salary. The employer does not pay the benefit, but must submit the claim to Social Security within 15 calendar days of the start of the leave.
Can the employer dismiss an employee on maternity leave?
Dismissal during maternity leave is prohibited except in cases of company closure or serious misconduct. Protection continues for nine months after the birth.
Does the employee keep their job after maternity leave?
Yes. The employee has the right to return to the same role or a comparable role with the same salary and conditions. The employee may also request a reduction in working hours for the first twelve months after the birth.
Is the maternity benefit taxable?
Yes. The Social Security maternity benefit is subject to income tax and social security contributions. The employer deducts these at source where applicable.
Can the employee transfer weeks to the father?
No. Since the 2021 reform, all 16 weeks are compulsory for the mother and the non-transferable portion cannot be transferred to the father, even by agreement.
Putting it into practice
Five steps cover most Spanish maternity leave compliance:
- Confirm the date of birth and the employee’s expected start date, and collect the medical certificate or birth certificate.
- Submit the prestación por maternidad claim to Social Security within 15 calendar days of the start of the leave.
- Continue social security contributions during the leave period and maintain the employment relationship.
- Monitor the nine-month protection period after the birth and manage any redundancy discussions accordingly.
- Prepare for the return to work, including managing any request for flexible hours under the statutory right.
A leave management system that tracks Spanish maternity leave dates, manages Social Security claim submissions, and monitors the post-return protection window keeps Spanish maternity leave compliance straightforward and avoids costly errors.
Sources
- Seguridad Social — Prestación por maternidad (primary source)
- Estatuto de los Trabajadores, article 46 (legislation)
- Ministerio de Trabajo — Maternidad (government guidance)
Last updated: 26 July 2026. This article is general information, not legal advice. Social Security contribution bases and maximum benefit amounts change annually — confirm current figures with the Seguridad Social.