In Spain, paternity leave (permiso por paternidad) was historically a separate entitlement for fathers, but was merged into the broader parental leave framework following the 2021 equalisation reform. Today, what was paternity leave provides the non-birthing parent with 8 weeks of paid leave at 100% of their reference salary. The leave is mandatory, non-transferable, and fully funded by the Social Security system. Many people still refer to this entitlement as paternity leave (baja por paternidad), though it is formally called parental leave.

Statutory entitlement

8 weeks of paid leave at 100% of reference salary for the non-birthing parent. Non-transferable and mandatory. Must be taken within 12 weeks of the birth (extended if taken part-time). Formerly known as paternity leave (baja por paternidad), now part of the parental leave framework.

Eligibility

Fathers, partners of the birthing parent, and adoptive parents are entitled to this leave. There is no minimum contribution period. The entitlement applies equally to married, cohabiting, and single parents.

Employer obligations

  • Grant 8 weeks of paid leave to the non-birthing parent.
  • Submit the birth certificate and leave application to the Social Security within 5 working days.
  • Maintain the employee's contract of employment and position during the leave.
  • Protect the employee from dismissal during the leave period.
  • Allow the employee to return to the same position after the leave.

Employee rights

  • Right to 8 weeks of fully paid leave at 100% of reference salary.
  • Right to take leave immediately after the birth or within the first 12 weeks.
  • Right to split the leave into two periods if agreed with the employer.
  • Right to protection from dismissal during paternity/parental leave.
  • Right to return to the same position with the same conditions.
  • Right to accrue annual leave during the paternity/parental leave period.

Common pitfalls

  • Searching for 'paternity leave' and not finding the current rules — since 2021, the formal term is parental leave, though the benefit is the same.
  • Assuming paternity leave is optional — the 8 weeks are mandatory and cannot be waived.
  • Missing the 12-week deadline — the leave must begin within 12 weeks of the birth (longer if taken part-time).
  • Confusing this with the 3-year unpaid excedencia — the paid 8 weeks and unpaid 3-year leave are separate entitlements.

History of paternity leave in Spain

Spain first introduced paternity leave in 2007 as a brief 13-day entitlement. It was progressively expanded: to 30 days in 2017, then to 5 weeks in 2018 under the PSOE government, 8 weeks in 2019, and finally 12 weeks from January 2021. After the 2021 reform, the formal name changed from paternity to parental leave, with the entitlement set at 8 weeks for the non-birthing parent.

How the paid leave works

The non-birthing parent receives 8 weeks at 100% of their Social Security reference salary. The leave must start within 12 weeks of the birth. If taken part-time, the leave duration extends proportionally. The benefit is paid by the Social Security (INSS), not by the employer.

Fathers' rights beyond the paid leave

In addition to the 8-week paid leave, fathers are entitled to 2 days of paid leave on the day of birth (permiso por nacimiento de hijo), and up to 3 years of unpaid parental leave (excedencia por cuidado de hijo) with job protection. The 2-day birth leave is separate from and in addition to the 8 weeks.

Frequently asked questions

Is paternity leave still called paternity leave in Spain?

Formally, it has been renamed to parental leave since the 2021 reform. However, many people, employers, and even some government resources still refer to it as paternity leave (baja por paternidad). The entitlement is the same.

Can I share my paternity/parental leave with my partner?

No. The 8-week leave is exclusively for the non-birthing parent and is non-transferable. The birthing parent has their own separate 16-week maternity leave entitlement.

Do I get extra paternity leave for multiple births?

The 8-week entitlement applies regardless of the number of children. However, the 2-day birth leave may be extended for multiple births under some collective agreements.

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.