Parental Leave In Spain – 2023 English Guide
Spain is a great proponent of the family system and offers a great deal of benefits to family units and new parents. Not only are mothers eligible to receive these benefits, but both parents can make use of them. Parental leaves can be extended for years, and some parts of the leave will be paid as well.
What Is Parental Leave In Spain?
Parental leave is a period of time that new parents are given off from work, and is a paid leave in Spain. In Spanish it is called the excedencia por cuidado de hijos. Parental leave is given in addition to all other paid time off that you get from work. It is 16 weeks long for most people, but under certain circumstances as explained below, it may be extended to allow you to take better care of your child or children.
Who Can Take Parental Leave In Spain?
If you are employed by another company of even self-employed, you can take parental leave. There are also certain conditions you must fulfill. As long as you are under 21 years of age you are not required to have paid contributions to the social security fund. If you are between 21 and 26 years of age, you should have made at least 180 days of contributions over your working life. And if you are above 26 years, you should have paid contributions for 360 days over the entire time you have been working. If you have not made any contributions, you will still be able to apply for leave. But the leave will be non-contributory and only be paid for 42 days. If you are unsure about your total contributions or your status, just request a work-life certificate online from the Tesoreria de la Seguridad Social.
You can take leave to care for:
- Biological children
- Biological children of your partner
- Stepchildren
- Adopted or fostered children
- Grandchildren, nieces and nephews in certain cases if they are primarily under your care
Who Cannot Take Parental Leave In Spain?
You will not be able to get any leave if you are a student, and intern or are unemployed. But you might be able to qualify for some other monetary benefits by the government instead.
How Long Can I Go On Parental Leave In Spain?
The standard maternity leave is 16 weeks long with full pay. Six of these weeks are mandatory to take right after the child’s birth while the other ten can be taken at any time that the mother wishes. If you have multiple births, the leave can be extended by two weeks for every additional child. And if the baby was required to stay in the hospital for more than 7 days after their birth, you can extend your leave by up to 13 weeks. Under recent legislation which has been deemed revolutionary, Spain has committed to paternal leave for 16 weeks as well (equal to the time that mothers get off from work). This was previously 12 weeks. Parental leave applies to adoption and foster care cases too. Each parent must take six weeks off immediately after the adoption or foster care arrangement is finalized legally.
Pregnant mothers also have the right to have time off for antenatal care and their medical examinations. In case you had to take some time off during your pregnancy for medical reasons, this will count as sick leave and you will still be entitled to maternity leave for 16 weeks.
Moreover, you can also take unpaid maternity leave. This is called the excedencia sin sueldo. For a maximum of three years the mother can take time off to care for her children and then return to the same employer. For the first year the employer is bound to reserve the same position for you. After that, they must guarantee a job of the same level if and when you choose to return. You do not need to discuss this leave with your employer beforehand but will only need to give a 2 weeks’ notice.
In addition to the leave, a working woman can also reduce the hours she works till the child is eight years old. The working day can be reduced by one third to a half, although the pay will also reduce proportionately.
When Can I Start My Parental Leave In Spain?
In usual circumstances, the leave will start when the birth process starts. However, in some exceptions you can start your leave a little earlier provided you can give a doctor’s note as proof. And if needed, after the first six weeks you can delay taking the leave as well.
To apply for the leave, you will need to first register the baby’s birth at the Civil Registry and have them added to your family book. The timeframe to do this is brief: it should be done within eight days of the baby’s birth. After this, get an appointment at your nearest Delegacion de la Seguridad Social. Each parent or caregiver will need to make a separate appointment. You will need to submit the following at the time of application:
- A signed and filled copy of Form MP-101
- ID documents (which can be your DNI, NIE or passport according to your residence status)
- Family book
- Bank details
- Last three pay slips
- Hospital discharge form, which has details about the birth and time etc.
- Sentencing where you were named the caregiver (in case of adoption)
How Can I Split My Parental Leave In Spain?
The first six weeks must be taken off by both parents. After this period, each parent can decide when they want to take the time off. This does not necessarily have to be taken consecutively, and can be availed till the baby is one year old. For unpaid leave, there are no limits to the number of periods of leave that can be taken and there is no minimum requirement on the time period of each.
After the initial six weeks, adoptive parents get a total of 16 weeks that they can split between themselves for the first year. Although, neither parent can enjoy more than 10 weeks of this allotted time; the leave must be split between the two.
Can I Work During Parental Leave In Spain?
If you wish, you can choose to work part-time during your parental leave. This means that except for the six weeks following your child’s birth, you can take part-time leave. If you already had a part-time job, you can continue with it. And in case you were working full time you can request your employer to reduce working hours for you. Once your parental leave is over, you will be required to go back to full-time working hours. That is, if you have not opted for extended leave or reduced working hours that are offered as a benefit till your child turns eight.
Can I Get Fired During Parental Leave In Spain?
In Spain, you are legally protected from dismissal when you are on parental leave. This means that for whatever reason, your employer cannot fire you while you are on leave. Even if they do, the dismissal will be null and void and won’t hold up in the labor court if challenged. This protection applies to your pregnancy period, the duration of your leave and even some months after the baby is born.
Can I Quit During My Parental Leave in Spain?
Yes, you always have the option to quit work if you anticipate that juggling your children and work will become too hard to manage. You will need to let your employer know so that they can start looking for a suitable replacement for you. Do keep in mind though that you will still need to abide by the notice period that is specified in your employment contract.
Parental Leave In Spain Experienced By An Expat
As an expat, you are entitled to the same benefits as locals when it comes to parental leave. This is true so long as you have been working in Spain and have actively made contributions to the social security fund. The experience as an expat might be slightly different since you might not be fully aware of all your entitlements. So be sure to ask around for advice. You can ask your colleagues about the time people usually take off and what worked for them. This will help you decide which option is likely to work for you and you can prepare for your baby in advance.
Conclusion
Parental leave is an excellent opportunity for you to spend time with your child in the initial days when they perhaps need you the most. Spain gives you a degree of freedom in choosing how and when you want to avail your days off depending on your needs and those of your child. If your child requires, the law does give provisions for extended leaves while the child is still young.
Parental leave in Spain is paid for anyone who is employed and has been contributing to the social security fund. There is no separate application for receiving money during this time, rather it will be paid automatically once you apply for leave. So go ahead and enjoy your time off without having to worry about work.