In Spain, the non-birthing parent is entitled to 8 weeks of paid parental leave (permiso por paternidad, now formally permiso por parental) at 100% of their reference salary, following the 2021 reform that equalised and reformed family leave rights. This entitlement is mandatory and non-transferable — it cannot be given up or transferred to the birthing parent. Spain also provides additional unpaid parental leave of up to 3 years for both parents under the Workers' Statute.

Statutory entitlement

8 weeks of paid parental leave at 100% of reference salary for the non-birthing parent, non-transferable. Must be taken within 12 weeks of the birth (extended if taken part-time). Additionally, up to 3 years of unpaid parental leave for each parent, with job protection.

Eligibility

The non-birthing parent (father, partner, or adoptive parent) is entitled to the 8-week paid leave. There is no minimum contribution requirement. The unpaid 3-year leave is available to all employees regardless of gender.

Employer obligations

  • Grant 8 weeks of paid parental leave to the non-birthing parent.
  • Grant up to 3 years of unpaid parental leave to each parent upon request.
  • Maintain the employee's contract and position during paid parental leave.
  • Reserve a position for the employee during unpaid parental leave for up to 1 year.
  • Submit the required documentation to the Social Security within 5 working days of the leave start.
  • Protect the employee from dismissal during the paid parental leave period.

Employee rights

  • Right to 8 weeks of paid parental leave at 100% of reference salary (non-transferable).
  • Right to take the 8 weeks immediately after the birth or within the first 12 weeks.
  • Right to split the 8-week leave into two periods if agreed with the employer.
  • Right to up to 3 years of unpaid parental leave with job protection.
  • Right to a reserved position for the first year of unpaid parental leave.
  • Right to return to the same position after paid leave, or a comparable position after unpaid leave.

Common pitfalls

  • Confusing the 8-week paid parental leave with the 3-year unpaid parental leave — these are separate entitlements.
  • Not giving sufficient notice for unpaid parental leave — employees should notify the employer at least 15 days in advance.
  • Assuming the unpaid leave guarantees the exact same position — after 1 year, the employer must only offer a comparable position.
  • Not understanding that the paid 8 weeks are mandatory and cannot be waived — the non-birthing parent must take this leave.

The 8-week paid parental leave

Since the 2021 reform, the non-birthing parent is entitled to 8 weeks of paid leave at 100% of their reference salary. The leave is mandatory and non-transferable. It must be taken within 12 weeks of the birth (this period extends if the leave is taken part-time). The leave is fully funded by the Social Security system (INSS).

Extended unpaid parental leave (excedencia por cuidado de hijo)

In addition to the paid 8 weeks, both parents are entitled to up to 3 years of unpaid parental leave (excedencia por cuidado de hijos) for each child. During the first year, the employer must reserve the employee's exact position. After the first year, the employer must offer a comparable position. This leave can be taken until the child is 12 years old.

The 2021 reform and equalisation

The 2021 reform (Real Decreto-ley 2/2021) completed the equalisation of parental leave rights in Spain. The non-birthing parent's leave was expanded from 12 weeks (reached in 2021) to a permanent 8-week minimum, while the birthing parent retains 16 weeks of maternity leave. The reform renamed the leave from paternity to parental to reflect gender-neutral parenting rights.

Frequently asked questions

Can the non-birthing parent give up their parental leave?

No. The 8-week paid parental leave is mandatory and non-transferable. It cannot be waived or transferred to the birthing parent.

How is the paid parental leave funded?

The 8-week leave is fully funded by the Social Security system (INSS) at 100% of the employee's reference salary. It is not a cost to the employer.

Can both parents take unpaid parental leave at the same time?

Yes, but only if the employer agrees or if working conditions allow it. When both parents work for the same company, only one can take unpaid leave at a time, unless the employer agrees otherwise.

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.