Guide to Maternity/Paternity leave in Spain

After talking about the document application processes when the child is born, let’s now focus on how maternity leave works and the most important legal rights the working parents are entitled to.

 

1. What is Maternity/Paternity leave about?

2. What is the difference between sick leave and maternity leave?

3. Am I entitled to this right?

4. How does the whole process work?

5. How to extend my maternity/paternity leave?

6. How much will you get paid during the maternity/paternity leave?

7. Recommendations from Adeslas:

 

 

1. What is Maternity/Paternity leave about?

 

The Spanish labor law makes great efforts to protect the rights of the workers that have had a child or are in the prospect to have one in a few weeks. The law explicitly specifies that:

 

• The workers cannot be fired by the company for pregnancy reasons, and they will have pregnancy benefits.
• Both mother and father will have up to 16 weeks (4 months) of maternity/paternity leave. The first 6 weeks are compulsory for both parents. In both cases, the rest period can be taken on a full-time or part-time basis.
• The maternity/paternity leave will be paid not by the company, but by the government. For employees
• Public benefits for maternity and paternity perceived by Social Security are exempt from personal income tax

 

 

2. What is the difference between sick leave and maternity leave?

 

• Sick leave (before giving birth):
  • Applied situations: Depending on your job, company, pregnancy risk, and other factors, this leave type can be granted days, weeks, or even some months before giving birth. The sick leave is applied to cases where the mother undergoes hard health conditions due to her pregnancy
  • The duration: 12 days per year in the company
  • Who will pay for this: the company
• Maternity leave (after giving birth):
  • Applied situations:
    • Usually, it starts from the moment the baby has been born. If the doctor considers it appropriate, it could start up to 10 weeks before
    • Maternity leave also applies when you have adopted a child instead of giving birth to him/her
  • The duration: up to 16 weeks for both parents (4 months), and can even be extended
  • Who will pay for this:
    • For the initial 16 weeks: the government
    • In the case of extension: not paid

 

 

3. Am I entitled to this right?

 

To get paid during those maternity leave months, you must make sure to meet the following requirements:

 

• You must be working for a company or as a self-employed worker
• Age vs working life:
  • If you are below 21 years old, you won’t be required to have made contributions to social security before.
  • If you are 21 to 26 years old, you must be making contributions to social security for at least 90 days during the past 7 years, or 180 days during your entire working life.
  • If you are over 26 years old, you must be making contributions to social security for at least 180 days during the past 7 years or at least 360 days during your working life.

 

If you don’t meet this requirement, you can still get your maternity leave and get paid during those 16 weeks. Under certain conditions, you will get a non-contributory pension, which pays approximately €530 per month.

 

 

4. How does the whole process work?

 

• First, both parents need to notify their supervisors as soon as possible. This is important for the company to find an appropriate temporary replacement for the current job positions the parents are holding.
• Prepare the documents needed for the maternity/paternity leave application:
  • Maternity and/or paternity benefit application
  • The identity document (DNI or NIE) of applicants of such leave
  • The Family Book
  • Certification from the company, if you work for someone
  • Declaration and maternity/paternity benefit application and declaration of activity status, if you are self-employed
  • Other documentation related to Social Security payments, according to your working arrangements.
  • The maternity report is only required if the applicant begins her maternity leave before birth or if the child dies after a gestation period of at least 180 days. In these cases, the report is issued at Sexual and Reproductive Health Service Centres (ASSIR) or primary care centers (CAP) of the public healthcare system. To obtain it, you have to provide the report from the center where you gave birth and your healthcare card.
• Find the nearest social security office and ask if you need a prior appointment

 

 

5. How to extend my maternity/paternity leave?

 

Some parents would like to look after their children for more than 4 months, so they might ask to extend the maternity leave even further, using the option ¨excedencia sin sueldo¨. This extension is completely voluntary and unpaid.

 

But this option grants you the possibility to take care of your kids until they reach 3 years old without returning to your job position. As the law suggests, the company must hold your job position during the first year and during the 2 following years, they must offer you a similar one if you decide to come back.

 

In practice, some working parents might take the kids to kindergarten but ask for multiple extensions each summer during the school vacation month to take care of the kids until they reach 3 years old.

 

 

6. How much will you get paid during the maternity/paternity leave?

 

 

• For employees working for a company, the payroll corresponds to the month before your maternity leave. You will be paid the same amount indicated shown in ¨base de cotización por contingencias comunes¨. Sometimes you might be paid more than usual because the amount also included bonuses and Christmas extras.
• For self-employed,
  • During 2 years, mothers of newborn children don’t need to make their monthly Social Security contributions, which saves them approximately 280€ per month.
  • Also, they can decide to get paid 100€ per month for 3 years or to enjoy an income tax deduction of 1200€ for each child during those same years.

 

 

7. Recommendations from Adeslas:

 

 

Here at Adeslas, we care about you and your family. We offer the best private medical insurance, dental insurance, and accident insurance to protect the safety of you and your new child.

 

As someone who recently gave birth, you're likely to encounter some discomfort as your body heals. With our insurance, you will get the best medical treatment with the least queuing time to ensure your health and safety. Go check the offers out!

 

If you would like to know more about this topic, check out one of these other blogs:

• How to register your newborn baby in Spain?
• What are documents your newborn may need in Spain?
• Guide to the tax deduction for maternity/paternity

 

 

Reference:

[1] Spain - Birth and child care benefits, risk during pregnancy, and breastfeeding. Retrieved 13 June 2023, from https://ec.europa.eu/social/main.jsp?catId=1129&langId=en&intPageId=4789 

[2] Seguridad Social: Services. (2021). Retrieved 20 August 2021, from https://www.seg-social.es/wps/portal/wss/internet/Pensionistas/Servicios/34887/40968/675dcd57-75d3-4a97-926a-1ba60fa72d32?changeLanguage=en#periodos%20multiples

 

Our content will be updated according to the most recent legislation. Last update: 05/07/2023