Q&A: How does Spain's new extended parental leave work?

The Spanish government this week outlined plans to extend paid parental leave from 16 to 19 weeks per parent, bolstering the country's already progressive stance in an attempt to further help families and rebalance gender norms.

In 2021, Spain gave paternity leave of 16 weeks to fathers. Now, with the further extension, new padres in Spain can enjoy one of the most generous leave offerings in Europe. Spain and Finland are the only EU member states to offer paid paternity leave to both parents.

Under the new rules, both parents are now entitled to 17 weeks of fully paid leave during their child's first year. Six weeks should be taken immediately after birth or adoption and a further two weeks can be taken any time up until the child's eight birthday.

Single-parent households will be able to take both sets of leave, meaning they can take up to 32 weeks of paid leave.

The changes come into force immediately but the proposal still needs final approval in the Spanish Congress. The Socialist-headed government has also hinted that it could further boost parental leave to 20 weeks per parent by 2027.

READ ALSO: Spain increases paid parental leave to 19 weeks

Who qualifies for the new leave?

Spain's extended parental leave applies to public sector employees, Spanish wage earners and the self-employed.

It should be noted that the 'extra' week from 16 to 17 weeks will be for those born from July 29th 2025 onwards, while the two weeks of paid parental leave will apply to parents whose children were born on or after August 2nd 2024.

If the child was born before August 2nd last year, it will not be possible to take advantage of these two extra weeks.

How can the leave be used?

Spain's Labour Minister Yolanda Díaz has stated that the two additional weeks of paid leave is "absolutely flexible" and that parents can use them "however they wish to use them".

That is to say, these extra paid leave days can be accumulated and used consecutively or whenever desired until the child reaches the age of eight.

Can the leave be transferred to the other parent?

No. The leave is individual and non-transferable. Each worker has their own right to 17 weeks, plus two additional weeks, which cannot be transferred or shared.

Do I need approval from my employer?

No, your employer cannot refuse this new leave. It is a right recognised by Spanish law and managed via the social security system.

However, note that according to Spain's Workers' Statute, parents must give advance notice of their intention to take leave and coordinate with their employer on how it will be distributed if they decide to split it up over time.

Who pays for parental leave in Spain?

The additional paid leave will be paid for by Spain's social security system.

Díaz stressed that employers will not bear the cost of extended paternity leave, as "full rights will be maintained on a 100 percent regulatory basis for a total of 19 weeks of paid leave".

"Employers are not the ones who pay for this, it is the taxes and contributions of the working people of this country," she added.

Is the 'breastfeeding leave' still in effect?

Yes, Spain's permiso de lactancia can be used in addition to the extended paternal leave. It can be accumulated for three full weeks from May 2024 and taken until the baby is nine months old.

READ ALSO: 'Lactancia' - How to get extended parental leave in Spain