MiBajaParental
Important Note: This guide provides general information based on current Spanish legislation. Specific conditions may vary depending on your company, collective agreement, or employment situation. Always consult your company's HR department and Social Security for personalized information.
Legal Review
This guide has been prepared with references to primary sources from the Official State Gazette (BOE), Ministry of Inclusion, Social Security, and current European legislation. Information is regularly updated with each regulatory change.
New Law 2025: Real Decreto-ley 9/2025
The Real Decreto-ley 9/2025, approved on July 29, 2025 and ratified by Congress on September 9, 2025, extends birth and childcare leave from 16 to 19 weeks for each parent.
19 weeks
per parent
(32 weeks for single-parent families)
Official sources:
How do the 19 weeks work?
First 6 weeks (mandatory and uninterrupted)
The first 6 weeks must be taken:
- Mandatory: Not optional, must be taken
- Uninterrupted: Consecutive weeks without breaks
- Full-time: Complete workday
- Immediately after birth/adoption: Starting right after the baby arrives
Weeks 1-6: Mandatory
Immediately after birth. Full-time and uninterrupted.
Weeks 7-17: Flexible
Until the baby turns 12 months. Continuous or interrupted, full-time or part-time.
Weeks 18-19: Extra flexible
Can be used until the child turns 8 years old. 100% paid by Social Security.
Summary: 6 mandatory immediate weeks + 11 flexible weeks in the first year + 2 flexible weeks until age 8 = 19 total weeks per parent (all 100% paid by Social Security).
Who is eligible?
Birth and childcare leave is available to:
| Category | Entitlement |
|---|---|
| Employees | 19 weeks per parent |
| Self-employed workers | 19 weeks (RETA) |
| Public employees | 19 weeks (EBEP) |
| Same-sex couples | 19 weeks each |
| Adoption/foster care | Same entitlement |
| Single-parent families | 32 weeks total |
Single-parent families:
- 6 mandatory immediate weeks
- 22 flexible weeks in the first year
- 4 flexible weeks until age 8
Payment: How much do you receive?
The birth and childcare benefit is managed by Social Security and equals 100% of the regulatory base (similar to usual salary).
Contribution requirements
- Under 21 years: No minimum contribution period required
- Between 21 and 26 years: 90 days contributed in the last 7 years, or 180 days total
- Over 26 years: 180 days contributed in the last 7 years, or 360 days total
Important: Social Security pays 100% of the regulatory base, but some companies supplement up to 100% of actual salary if the regulatory base is lower. This depends on the collective agreement or company policy. Check with your HR department.
Breastfeeding Leave (Permiso de Lactancia)
In addition to parental leave, there is breastfeeding leave (lactancia in Spanish):
| Option | Description |
|---|---|
| Daily reduction | 1 hour/day absence or 30 min workday reduction |
| Accumulated | ~15-22 consecutive working days (depends on agreement) |
| Duration | Until the baby turns 9 months |
Important: Breastfeeding leave is NOT the same as the 19 weeks of parental leave. They are two different rights that can be used complementarily. First you use the 19 weeks of leave, then you can use breastfeeding leave.
How to apply
Step 1: Notify your company
You must inform your company at least 15 days in advance (when foreseeable) about:
- Expected start date of leave
- Expected duration
- Whether it will be full-time or part-time (the 11 flexible weeks)
Step 2: Apply for the benefit with Social Security
The financial benefit is requested through Social Security:
- Online: Through the Electronic Office with digital certificate or Cl@ve
- In person: At any INSS office with appointment
- By phone: 901 50 20 50 or 915 41 25 30
Required documents
- DNI/NIE (ID document)
- Company certificate (proves your employment situation)
- Family book or birth certificate
- Bank account number for payment
Special cases
| Case | Extension |
|---|---|
| Multiple birth | +1 week for each child from the second |
| Child with disability | +1 additional week per parent |
| Hospitalization (+7 days) | Up to +13 additional weeks |
| International adoption | 4 weeks before travel if needed |
Coordinating with your partner
Both parents can take their leaves:
- Simultaneously: Both at home at the same time
- Alternating: One after another to maximize time with the baby
- Partially overlapping: Combine periods together and separate
Want to plan your parental leave?
MiBajaParental is the only tool that allows you to:
- Plan your 19 weeks visually and interactively
- See holidays from your autonomous community automatically
- Coordinate calendars with your partner
- Integrate breastfeeding leave and work vacations
100% free · No credit card · Cloud storage
Frequently Asked Questions
Do weekends count as leave days?
Yes, leave weeks include weekends. 19 weeks = 133 calendar days, but only ~95 working days (excluding weekends and holidays).
Can I combine part-time leave with part-time work?
Yes, the 11 flexible weeks can be taken part-time if you reach an agreement with your company. For example, work 50% and be on leave 50%.
Do I lose seniority or employment rights during leave?
No. The leave period counts as time worked: seniority, vacation days, bonuses, etc.
Can I be fired during parental leave?
You are protected against dismissal during pregnancy and until the baby turns 12 months. Any dismissal during this period is considered null and void.
Official resources
Social Security:
- Electronic Office - Apply for benefits online
- Information portal
- Phone: 901 50 20 50 or 915 41 25 30
Other resources:
Related guides on MiBajaParental:
Disclaimer:
This guide is for informational purposes only and is based on Spanish legislation valid as of January 2026. The information provided does not constitute legal advice.
Always consult with: your company's HR department, Social Security (INSS), or a labor lawyer for specific cases.