Spain: Approval of extension of leave for birth and childcare

Royal Decree-Law 9/2025 completes the transposition of Directive (EU) 2019/1158 on the work-life balance for parents and carers, and adds new provisions to the Workers’ Statute and the General Social Security Law, among others.

The main new addition is the amendment of subarticles 48.4 and 8 of the Workers’ Statute introducing the following key elements :

• Birth, which includes childbirth and childcare, will suspend the employment contract of the biological mother and that of the parent other than the biological mother for nineteen weeks. In the case of single parenthood, the suspension will last thirty-two weeks.
• The suspension of each parent’s contract will be distributed as follows:
  • Six uninterrupted weeks immediately following childbirth will be mandatory and must be taken on a full-time basis.
  • Eleven weeks, or twenty-two in the case of single parenthood, can be distributed in weekly periods, to be taken either consecutively or intermittently as chosen by the worker, and can be used from the end of the mandatory suspension following childbirth until the child turns twelve months. The biological mother can use up to four weeks of this leave before the expected birth date.
  • Two weeks, or four in the case of single parenthood, for childcare can be distributed in weekly periods, either consecutively or intermittently as chosen by the worker, until the child turns eight years old.

The eleven weeks and the two weeks mentioned above can be taken on a full-time or part-time basis, subject to agreement between the company and the worker, and as determined by regulations.

• New provisions have also been adopted on adoption, foster care for adoption, and fostering, in which the suspension will last nineteen weeks. In the case of single parenthood, it will be thirty-two weeks. The law also provides for the distribution of these suspension periods.

The law comes into force on July 31, 2025. However, the provisions in article 48.4 and 5 of the Workers’ Statute, regarding the addition of two weeks, or four in the case of single parenthood, of suspension of the employment contract or leave for birth and childcare that can be taken until the child turns eight years old, will apply to qualifying events occurring on or after August 2, 2024. The use of these weeks of suspension of the employment contract or leave for birth and childcare, as well as the related benefit payments, can be requested on or after January 1, 2026, and will not require a new recognition of the right.