Maternity and Paternity Leave in Spain: A Comprehensive Guide in August 2024

Maternity and paternity leave are essential components of employment law in Spain, aimed at supporting new parents during one of the most significant phases of their lives. These leave entitlements, codified under the Real Decreto-ley 6/2019, de 1 de marzo, ensure that parents can balance their professional responsibilities with the demands of welcoming a new child into their family. This article provides an overview of the legal framework, including the associated economic benefits, rights, and the step-by-step process for accessing these leaves.

Maternity Leave

In Spain, maternity leave is governed by Article 48 of the Estatuto de los Trabajadores. The law grants mothers 16 weeks of paid leave, with six weeks of mandatory leave immediately following childbirth. The remaining 10 weeks can be distributed at the mother’s discretion, either before or after the birth.

In special circumstances, such as multiple births or when the child is born with a disability, the leave can be extended by two additional weeks for each additional child. If the newborn requires hospitalization for more than seven days, the leave can be further extended by up to 13 additional weeks.

During maternity leave, mothers receive an economic benefit. This benefit is calculated based on the 100% of the regulatory base ("base reguladora"), which is determined by the average of the employee's contribution bases for common contingencies during the month immediately preceding the event. For employees who have been with the company for a full month, this base is divided by 30 days. If the employee joined the company during the month of the event, the contribution base for that specific month is used.

Paternity Leave

Paternity leave in Spain, also covered by the Real Decreto-ley 6/2019, has been expanded to align with maternity leave, reflecting the country's commitment to gender equality. Fathers are entitled to 16 weeks of paternity leave, with the first six weeks being mandatory and immediately following the birth or adoption.

The remaining 10 weeks can be taken flexibly within the first 12 months of the child’s life, allowing fathers to participate more actively in early childcare. Like maternity leave, the economic benefit for paternity leave is calculated at 100% of the regulatory base, ensuring that fathers can take time off work without financial strain.

Breastfeeding Leave

In addition to maternity and paternity leave, Spanish law provides for a breastfeeding leave (permiso de lactancia), which allows parents to take one hour off work each day until the child reaches nine months of age. This hour can be divided into two breaks or accumulated into full days off, depending on the agreement with the employer.

If both parents work and take advantage of this leave, they can extend the leave until the child turns 12 months old, though with a proportional reduction in salary after nine months.

Economic Benefits (Prestación Económica)

The economic benefits associated with maternity and paternity leave are significant. The prestación económica por nacimiento y cuidado de menor consists of a subsidy equivalent to 100% of the regulatory base, which is calculated as follows:

• For salaried employees (Régimen General): The regulatory base is the base of contributions for common contingencies from the month immediately before the event, divided by the number of days in that month.
• For self-employed workers (Régimen Especial de los Trabajadores por Cuenta Propia): The daily regulatory base is the sum of the contribution bases for the six months preceding the event, divided by 180.

In the case of multiple births or adoption/accommodation of more than one child simultaneously, a special subsidy is granted for each additional child from the second onwards. This subsidy is equal to the benefit received for the first child and is provided for six weeks immediately following the birth or adoption. Only one parent can receive this subsidy, which is paid as a lump sum at the end of the six-week period.

Social Security Contributions and Employment Protection

Employers are required to maintain social security and pension contributions for employees during maternity, paternity, and breastfeeding leave. This ensures that employees do not suffer any long-term disadvantages due to their leave. Additionally, employees are protected from dismissal during their leave period, except for reasons unrelated to the leave. Upon returning to work, employees are entitled to resume their previous position under the same conditions, ensuring job security.

Step-by-Step Process for Maternity and Paternity Leave

1. Notification to Employer: Inform your employer about the pregnancy or adoption as soon as possible, usually in writing, with details of the expected leave dates.
2. Application for Leave: Submit an official request for maternity or paternity leave to your employer, specifying your intended leave dates. The mandatory six-week period after childbirth or adoption is automatically granted, but you must specify how you will use the remaining 10 weeks.
3. Application for Economic Benefits: Apply for the corresponding benefits through the Spanish Social Security system (Seguridad Social). This can be done online or in person, with required documents such as a medical certificate or adoption papers.
4. Leave Period: During your leave, you will receive payments equivalent to your full salary directly from Seguridad Social. Ensure that your employer continues to make social security and pension contributions during this time.
5. Return to Work: Upon the conclusion of your leave, notify your employer of your return. You are entitled to resume your previous job with the same terms and conditions as before your leave.

Company Perspective: Financial Responsibilities During Maternity and Paternity Leave

From the employer's perspective, it is crucial to understand the financial obligations associated with maternity and paternity leave, as well as the role of the Social Security system in covering part of these costs.

What the Company Pays

1. Salary During Leave: During maternity and paternity leave, the company is not responsible for paying the employee's salary. The employee's wage during this period is fully covered by the Social Security system, not the employer. This means that the company does not bear the direct cost of the employee's wages during the leave.
2. Social Security Contributions: While the employee is on maternity or paternity leave, the company is still responsible for maintaining the regular Social Security contributions. This includes both the company’s contribution and the employee’s contribution, which the company continues to pay to ensure that the employee's pension and other benefits are not negatively affected during the leave.
3. Breastfeeding Leave: If the employee opts for breastfeeding leave (permiso de lactancia), which allows for one hour of leave per day until the child reaches nine months old, the company continues to pay the employee's salary during these breastfeeding breaks. However, if the employee chooses to accumulate these hours into full days off, the company still pays the salary for these days, as this leave is part of the regular working hours.

What the Social Security Pays

1. Maternity and Paternity Leave Benefits: The Social Security system (Seguridad Social) covers the cost of maternity and paternity leave benefits. Employees receive a subsidy equivalent to 100% of their regulatory base ("base reguladora"), which is based on their average contributions for common contingencies during the month immediately before the leave begins.
   • For salaried employees: The benefit is calculated based on the average daily contribution base from the previous month before the event (birth or adoption), divided by the number of days in that month.
   • For self-employed workers: The daily regulatory base is determined by dividing the sum of the contribution bases from the last six months by 180 days.
2. Special Subsidies for Multiple Births or Adoptions: In cases of multiple births or adoptions, the Social Security system also provides a special subsidy for each additional child after the first. This subsidy is equivalent to the benefit received for the first child and is paid as a lump sum after the six-week mandatory post-birth or post-adoption period.

Summary of Financial Responsibilities

• Company: Continues to pay Social Security contributions during the employee's leave and covers the salary for breastfeeding leave or accumulated leave days.
• Social Security: Covers 100% of the employee's salary during maternity and paternity leave, based on the regulatory base, and provides additional subsidies for multiple births or adoptions.

Understanding these financial responsibilities helps companies plan effectively for the potential costs and ensures compliance with Spanish labor laws while supporting employees during these important life events.