In this article, you'll find everything you need to know about Maternity and paternity leave In Spain: how many weeks it lasts, how much is paid, what obligations the company has and how to manage the return to work. And beyond the regulations, we explain how to offer the childcare ticket Flexible Benefits - a tool that allows your employees to save up to €2,000 per year on nursery school costs, at no additional cost to the company.
Maternity and paternity leave are paid employment leaves that allow parents to care for their child after birth, adoption, or fostering. In Spain, currently both parents have a 16-week equal leave, recognised by Social Security.
Although in everyday language we continue to use the terms maternity leave and Paternity leave, as of April 2019, both permits are legally unified in the Paternity andChildcare Leave, regulated in Article 48 of the Workers' Statute. The name change is not merely semantic: the aim is to equate the rights of both parents and promote shared responsibility for childcare.
In practice, the maternity leave and the Paternity leave they function today under the same conditions: same duration, same financial benefit, and same requirements. Each parent has their own leave, mostly non-transferable.
This permission It covers birth, adoption, guardianship for adoption, and foster care., regardless of the sexual orientation of the parents.
Following the approval of the Royal Decree-Law 9/2025 (in force from August 2025), the duration of maternity and paternity leave has been extended from 16 to 19 weeks for each parent.
The distribution is as follows:
Further, there exist expansions in specific situations, such as:
Any employee or self-employed worker can apply for it, provided that they meet the minimum contribution period to the Social Security:
The request of the maternity leave or of the Paternity leave It is processed before the INSS, either in person or through the electronic headquarters with Cl@ve or a digital certificate. For paternity leave, it is recommended to apply for it within 15 days of birth. In any case, it is good practice to inform the company as far in advance as possible.
During the leave, the benefit is paid directly by the INSS, not the company. The amount is equivalent to 100% of the tax base of the worker, which in most cases coincides with the contribution base for common contingencies from the month prior to the start of the leave.
A key piece of information: Maternity and paternity pay are exempt from income tax., which in practice means receiving a net amount equivalent to or greater than the usual salary. Furthermore, it is compatible with the €1,200 annual maternity deduction managed by the Tax Agency.
The official deadline is 15 working days from the start of the leave. — that is, from the day the worker stops going to work to start their leave, not necessarily from the day of birth. In practice, if the father starts their leave on the same day as the birth, they have 15 working days from that moment to submit the application to the Social Security Institute (INSS).
However, there are several situations with their own deadlines that are worth knowing:
What happens if I miss the deadline? Submitting the application outside the 15 working days does not automatically mean the permit is lost, but it can delay the payment of the benefit by the INSS and generate administrative issues. It is highly recommended to process it as soon as possible, preferably before the baby is born, through the Tu Seguridad Social portal using Cl@ve or a digital certificate.
The company does not pay salary during the leave (the INSS does), but it does have specific obligations:
From HR, it is advisable to have a clear protocol that includes proactive communication, coverage planning, and a pre-agreed reintegration plan.
Reintegration is a delicate moment that companies often underestimate. Some good practices on the part of the company:
La Flexible remuneration for a nursery, it allows the professional to dedicate part of their gross salary, to the payment of nursery school fees for their children aged between 0 and 3 years. In this way, the company pays that amount to the educational centre on behalf of the employee, and the employee deducts it from their tax base.
The result: the professional pays less income tax and increases their net purchasing power, without the company incurring any additional cost. You can calculate your savings for your professionals with the Edenred calculator.
It can be used in any nursery school for the first cycle of early childhood education (0-3 years). affiliated with Edenred Spain, both public and private.
With Edenred Guardería, companies gain access to a network of approved centres and can easily implement this benefit, tailoring it as part of a flexible remuneration package or as an employee benefit.
Yes, the childcare voucher as flexible remuneration is compatible with:
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A lo largo de mi trayectoria en Recursos Humanos, he aprendido que el verdadero motor de cualquier organización son las personas. Mi enfoque siempre ha estado en acompañar el desarrollo individual y colectivo, creando espacios donde el talento puede crecer y brillar. Me apasiona construir culturas organizacionales basadas en la confianza, la inclusión y el compromiso auténtico, convencida de que cuando cuidamos a las personas, desbloqueamos un éxito real y sostenible. Liderar equipos y proyectos con esta visión me impulsa a seguir aprendiendo y a inspirar a otros a desarrollar todo su potencial.
