Extension of Birth and Childcare Leave in Spain under RD Law 9/2025

With the entry into force of Royal Decree-Law 9/2025 of 29 July, Spain has taken a step forward in work-life balance and shared parental responsibility. The reform extends birth and childcare leave for both parents and introduces specific rules for single-parent families.

This article provides a structured legal analysis of the extension of birth and childcare leave in Spain, covering its scope, duration, distribution, beneficiaries and the respective obligations of employers and workers.

Nature and Scope of Birth and Childcare Leave

Scope of Application

RD Law 9/2025 amends several core statutes:

• The Workers’ Statute
• The Basic Statute for Public Employees, and
• The General Social Security Act

thereby completing the transposition of Directive (EU) 2019/1158 on work-life balance for parents and carers.

The new regime applies to qualifying events occurring on or after 2 August 2024.

Individual and Non-Transferable Right

Birth and childcare leave constitutes an individual and non-transferable right of each worker.

Upon the birth of a child, the employment contract of the biological mother and the other parent is suspended for 19 weeks (or 32 weeks in the case of a single parent).

In adoption, guardianship or foster care cases, the reference date is the relevant judicial or administrative decision.

Beneficiaries and Eligibility Requirements

The following categories may benefit from the extended birth and childcare leave:

• Employees under an employment contract,
• Self-employed workers,
• Public sector employees,

provided they are registered or deemed registered with Social Security, meet the minimum contribution requirements, and the child is born on or after 2 August 2024.

Applications for both leave and the corresponding Social Security benefit may be submitted starting January 1, 2026.

Duration, Distribution and Modalities of Leave

General Duration

• Two-parent families: 19 weeks (previously 16 weeks).
• Single-parent families: 32 weeks.

Distribution of Leave

The leave is structured as follows:

• 6 compulsory weeks, uninterrupted and full-time, immediately following birth.
• 11 weeks (or 22 weeks for single-parent families), which may be taken consecutively or intermittently in weekly blocks until the child reaches 12 months of age.
• 2 additional weeks (or 4 weeks for single-parent families), which may be taken until the child reaches 8 years of age.

Part-Time Leave and Special Situations

Leave may be taken on a full-time or part-time basis by agreement with the employer, subject to a minimum 15-day prior notice.

Where both parents work for the same employer, simultaneous leave may be restricted if objectively justified in writing.

The biological mother may commence leave up to four weeks prior to the expected date of birth date

Premature Birth or Newborn Hospitalisation

In cases of premature birth or immediate hospitalisation of the newborn, the leave period begins on the date of hospital discharge.

If hospitalisation exceeds seven days, leave may be extended by up to 13 additional weeks. The six compulsory post-birth weeks are excluded from this calculation.

Multiple Adoption or Disability

Where the child has a disability or in cases of multiple birth or adoption, additional weeks are granted (one extra week per parent).

Death of the Child

In the event of the child’s death, the leave is not reduced unless the worker voluntarily requests to return to work after the compulsory six-week period.

International Adoption

Where international adoption requires prior travel to the child’s country of origin, leave may commence up to four weeks before the adoption decision.

Inclusion of Trans Gestational Persons

RD Law 9/2025 expressly extends the concept of biological mother to include trans gestational persons, ensuring equal treatment in line with Spanish LGTBI legislation.

Cost of Birth and Childcare Leave

The financial benefit associated with birth and childcare leave is fully borne by the Social Security system, with no direct salary cost to employers.

Conclusion

The extension of birth and childcare leave under RD Law 9/2025 represents a significant advance in gender equality, co-responsibility and work-life balance in Spain. Both employers and workers must be fully aware of their rights and obligations to ensure proper compliance.

José de Troya

Do you need legal advice to adapt your company’s work-life balance policies or to manage birth and childcare leave entitlements? Our labour law team can assist you with full legal certainty.