In Spain, the birthing parent is entitled to 16 weeks of paid maternity leave (permiso por maternidad / baja por maternidad) at 100% of their reference salary. The leave is mandatory and non-transferable: it cannot be given up or transferred to the other parent. The first 6 weeks must be taken immediately after the birth, while the remaining 10 weeks can be taken flexibly. The benefit is fully funded by the Social Security system (Seguridad Social) and is not a cost to the employer.

Statutory entitlement

16 weeks of paid maternity leave at 100% of the employee's reference salary (IPREM base). The first 6 weeks are mandatory and must be taken immediately after birth. The remaining 10 weeks can be taken flexibly until the child is 12 months old (or 18 months in some cases). Extended to 18 weeks for multiple births.

Eligibility

All female employees who give birth are entitled to maternity leave. There is no minimum contribution period for the standard 16-week entitlement. Employees must have contributed for at least 180 days in the 7 years before the birth to receive the 100% salary benefit if not otherwise covered.

Employer obligations

  • Grant 16 weeks of maternity leave to the birthing parent.
  • Maintain the employee's contract of employment and position during the leave.
  • Submit the medical certificate of leave (parte de baja) to the Social Security within 5 working days of the birth.
  • Pay no salary during the leave — the Social Security pays the benefit directly.
  • Protect the employee from dismissal during the leave period and during pregnancy.
  • Allow the employee to return to the same or an equivalent position after maternity leave.

Employee rights

  • Right to 16 weeks of paid maternity leave at 100% of reference salary.
  • Right to have the first 6 weeks immediately after birth (non-transferable).
  • Right to take the remaining 10 weeks flexibly (full-time, part-time, or in blocks) until the child is 12 months old.
  • Right to protection from dismissal during pregnancy and maternity leave.
  • Right to return to the same position with the same conditions after the leave.
  • Right to annual leave accrual during maternity leave.

Common pitfalls

  • Confusing maternity leave with sick leave (baja por enfermedad) — maternity leave is a separate, specific entitlement for childbirth.
  • Assuming the employer pays maternity leave — the benefit is funded entirely by the Social Security system.
  • Not submitting the medical certificate within 5 working days — this can delay benefit payments.
  • Forgetting that the first 6 weeks are mandatory and cannot be transferred to the other parent.
  • Not understanding that risk of pregnancy (riesgo de embarazo) and risk of breastfeeding (riesgo durante la lactancia) are separate entitlements that allow suspension of work at 100% pay.

How maternity leave is structured

The 16 weeks are divided into two periods. The first 6 weeks are mandatory and must be taken immediately after birth as full-time leave. The remaining 10 weeks can be taken full-time or part-time (jornada a tiempo parcial) in blocks until the child reaches 12 months of age. For multiple births, the entitlement extends to 18 weeks.

Social Security payment

The maternity benefit is paid at 100% of the employee's reference salary (based on the regulatory base used for Social Security contributions). The payment is made directly by the Social Security (INSS) and is not a cost to the employer. Self-employed workers (autónomas) are also entitled to the same 16-week benefit.

Risk during pregnancy and breastfeeding

If the birthing parent's job poses a risk to pregnancy or breastfeeding, they can suspend their contract at 100% pay for the duration of the risk (riesgo durante el embarazo / riesgo durante la lactancia natural). This is separate from maternity leave and does not reduce the 16-week entitlement.

Frequently asked questions

Can I take maternity leave part-time?

The first 6 weeks must be taken full-time. The remaining 10 weeks can be taken part-time, in blocks, or at 100%. You must agree the part-time arrangement with your employer.

Can I transfer maternity leave to my partner?

No. Maternity leave is mandatory and non-transferable. It is exclusively for the birthing parent. The non-birthing parent has their own entitlement (parental/paternity leave).

What happens if the baby is born prematurely?

If the baby is born before the expected due date, the full 16 weeks are still available from the actual date of birth. The prenatal period of rest (if any) is absorbed into the 16 weeks.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.