ALERT / SEPTEMBER 24, 2025
Spain increases government-paid childcare leave
Spain has extended government-paid childcare leave (which refers to a unified, gender-neutral leave combining both maternity and paternity leave) as follows:
From 16 to 19 weeks per parent in two-parent families. While all paid childcare leave could previously only be taken in the 12 months following birth, adoption, or placement into guardianship or foster care, two of the three additional weeks may now be used at any time until the child turns eight years old.
From 16 to 32 weeks for single parents. Four of the 16 additional weeks may be taken until the child reaches the age of eight.
The increases in childcare leave took effect on 31 July 2025 and apply to parents whose children were born, adopted, placed into guardianship, or fostered on or after that date.
However, parents whose children were born, adopted, placed into guardianship, or fostered from 2 August 2024 to 30 July 2025 will also be retroactively entitled to the additional weeks of childcare leave that may be taken until the child turns eight years old (two for parents in two-parent families and four for single parents). In these cases, the leave may only be requested from 1 January 2026.
Background
The Council of Ministers approved Royal Decree-Law 9/2025 (the “Law”) to fully transpose the European Union Directive 2019/1158 on work-life balance for parents and carers into local law. Additionally, the Law grants additional childcare leave for single-parent families. The Law was published in the Official State Gazette on 30 July 2025 and entered into force on 31 July 2025.
In Spain, both paternity and maternity leave have been unified into a single gender-neutral leave called childcare leave in the Workers' Statute since 2019. While Spain expanded family leave entitlements in 2023 (see previous Lockton article here (opens a new window)), it did not increase paid childcare leave at that time.
In 2024, Spain’s Constitutional Court ruled that the then-existing law on childcare leave as it applied to single-parent families was unconstitutional as two-parent families could take up to 32 weeks of paid leave in total, whereas single-parent families were entitled to only 16 weeks. The Court declared that this was unfair treatment of children in single-parent families and that a single parent should be entitled to the same amount of leave as two parents in a two-parent family (see previous Lockton article here (opens a new window)). Through the Law, the Spanish government has incorporated the ruling into legislation.
Key details
Under the Law, government-paid childcare leave for a biological mother or the parent other than the biological mother (regardless of gender or marital status) has increased by three weeks, from 16 to 19 weeks (a total of 38 weeks for both parents). For single parents, childcare leave has increased by 16 weeks, from 16 to 32 weeks. These entitlements apply to cases of childbirth, adoption, guardianship for adoption, and foster care.
While all paid childcare leave could previously only be taken in the 12 months following birth, adoption, or placement into guardianship or foster care, two of the three additional weeks (four of the 16 additional weeks for single parents) may be taken until the child turns eight years old.
The increased childcare leave will be distributed as follows:
Leave entitlement | When can this childcare leave be taken? | Effective date of change | |
Parent in two-parent families | Six consecutive weeks (no change from previous law) | Immediately after childbirth or the court or administrative decision on adoption, guardianship, or fostering. These six weeks are mandatory and must be taken full-time. | No change from previous law. |
11 weeks (increased from 10 weeks; an additional new entitlement of one week) | Consecutively or intermittently in weekly periods at the employee’s discretion in the 12 months following childbirth or the court or administrative decision on adoption, guardianship, or fostering. For childbirth, four weeks may be taken by the biological mother before the expected due date. | Applies for births, adoptions, guardianships, and foster care on or after 31 July 2025. | |
Two weeks (new entitlement) | Consecutively or intermittently in weekly periods at the employee’s discretion until the child turns eight years old. | Applies for births, adoptions, guardianships, and foster care on or after 31 July 2025. Also applies retroactively for births, adoptions, guardianships, and foster care from 2 August 2024 to 30 July 2025. However, in these cases, the leave may only be requested starting 1 January 2026. | |
Single parent | Six consecutive weeks (no change from previous law) | Immediately after childbirth or the court or administrative decision on adoption, guardianship, or fostering. These six weeks are mandatory and must be taken full-time. | No change from previous law. |
22 weeks (increased from 10 weeks; an additional new entitlement of 12 weeks) | Consecutively or intermittently in weekly periods at the employee’s discretion in the 12 months following childbirth or the court or administrative decision on adoption, guardianship, or fostering. For childbirth, four weeks may be taken by the biological mother before the expected due date. | Applies for births, adoptions, guardianships, and foster care on or after 31 July 2025. | |
Four weeks (new entitlement) | Consecutively or intermittently in weekly periods at the employee’s discretion until the child turns eight years old. | Applies for births, adoptions, guardianships, and foster care on or after 31 July 2025. Also applies retroactively for births, adoptions, guardianships, and foster care from 2 August 2024 to 30 July 2025. However, in these cases, the leave may only be requested starting 1 January 2026. |
Except for the initial six mandatory weeks, all other childcare leave may be taken full-time or part-time, subject to agreement between employer and employee – this remains unchanged from the previous law.
Employer action: ACT
Employers should review these changes and update their family leave handbooks, policies and procedures as necessary and assess the relevant impact on their operations.
It is important for employers to note that the new entitlement of additional weeks of childcare leave that may be taken until the child turns eight years old applies retroactively for parents whose children were born, adopted, placed into guardianship, or fostered from 2 August 2024 to 30 July 2025. Employees in this category will be eligible to request this leave starting 1 January 2026. Employers may wish to proactively identify qualifying employees and inform them of this upcoming enhanced entitlement.
Further Information
Workers' Benefits/Pensions - Birth and Child Care | Social Security (opens a new window)
How to apply for the birth and care benefit | Social Security (opens a new window)
