Maternity leave in Spain

Maternity leave: Women have a right to 16 weeks of paid leave for maternity (or more in certain cases). The maternity leave starts from the day of the birth of the child, although the worker can apply for it beforehand. The first 6 weeks must be taken immediately from the day of birth, but the next 10 weeks can be taken at any time before the child is 12 months old (with 15 days' notice).

The salary while on maternity / paternity leave is paid 100% by social security. The employer would only bear the cost of social security contributions during this period. The deadline for claiming maternity benefits starts from the day after the start of maternity leave. To be entitled to the full 16 weeks, the person over 26 years of age must have paid at least 180 days of contributions in the last 7 years or 360 days in their entire working life. If they are under this age, the requirements change.

Paternity leave: As of January 1, 2021, the father has a right to the same number of weeks as the mother, and with the same rules.

Unpaid leave ("excedencia" in Spanish): Once the maternity leave has ended, the mother or father have a right to ask for unpaid leave (excedencia) until the baby is 3 years old. These days may be taken all together or in different periods. The company must retain the same job for this person for the first year. For the subsequent year, the company only has to guarantee that the person will have the "same type" of job.

Reduction of working hours: The employee (mother or father) have a right to ask for a reduction of working hours if they have a child younger than 12 years old. IIn this case, the employee will only receive the salary according to the base hours worked and they continue contributing at 100% of their initial work schedule during the first year. The company cannot dismiss the employee or the dismissal can be declared invalid ("nulo").

Note that this is a simplified version of the law. For example, there are rules specific to adoption. If you as an employer would like to be sure you are complying with the regulations in Spain for maternity leave for an employee of yours, please let us know.

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