Who is eligible?
As long as you have correctly paid your social security contributions (for a minimum of 180 working days within the past seven years or 360 in your entire professional life), 100 per cent of your salary will be covered.
The money comes from the Spanish government, not your employer, though employers are liable for certain taxes that pertain to the salary, such as withholding.
Freelance workers or autónomos can also apply for 16 week's parental leave from the government. The amount they receive is calculated based on how much you regularly pay into the social security system under the autónomo system.
Same-sex couples and adoptive parents
In same-sex couples, both parents are entitled to paid leave. However, one will have to apply for maternity benefits and the other for paternity (or 'other parent') benefits.
In order to qualify for paid paternity or maternity leave, each parent must have a legal link with the child. This means that paid leave will only be granted if you are a biological parent, or if you have legally adopted the child. Being married to the biological or adoptive parent of a child is not enough to qualify for paid leave.
In the case of adoptive parents, both parents are elegible for the same 16 weeks if the child is under six years old. If the child is older, both adoptive parents are elegible for the remaining optional 10 weeks that a biological parent would have after the first compulsory six weeks after birth.
How long can can I take for parental leave?
Spain became a world leader when it comes to equality between both parents in Europe last year, with a law increasing paternity leave to 16 weeks – the same amount previously only reserved for new mothers.
Under this new law, which came into effect on 1 January 2021, maternity and paternity are equal and non-transferable. This means that if one parent decides not to take the time off, their partner can't take those weeks in their place.
The first six weeks must be taken immediately and consecutively after the child's birth, whereas the other 10 weeks can be taken non-consecutively during the first 12 months of the baby's life.
Where do I apply?
Since April 2019, maternity and paternity leave have been brought together under an umbrella term known as prestación por nacimiento y cuidado del menor or parental leave.
Online
You can apply for parental leave online through your social security portal, either with your digital certificate or with your username and password with Cl@ve (a digital signature system). To help with the process, you can use the social security portal's virtual assistant, and if you need help with the Cl@ve system, read this article.
You can also access it through the social security's digital platform. Once you've logged in, all you have to do is fill in the details and upload the required paperwork. The portal will also allow you to estimate the amount of money you will receive, and the length of the parental leave according to the expected date of birth.
However, if you don't have login details for Cl@ve, you can still do your application online through the social security website.
By post
If you would rather send the physical documents in the post, this is still possible. You can download, fill out the application and send it to your the branch of INSS (Instituto Nacional de la Seguridad Social). You can search for the address and phone number here.
In person
Finally, you can also go to your local Social Security Information and Attention Centre (CAISS) by prior appointment and fill out an application form there.
Which documents do I need to include?
In any case, you will have to provide the necessary paperwork. These include:
- The application form, which you can find here. Here's a PDF version.
- ID of the parents (DNI, passport or NIE)
- If you're an employee, a certificate from your employer with the start date of the parental leave. This won't be necessary if it has already been submitted by your employer.
- A maternity form from your doctor
- Your libro de familia: The marriage and baby booklet in which all births are recorded is in the process of going digital, but phasing out this century-old document will take time. For now, the Ministry of Justice has said it will continue issuing paper copies.
Other documents may be necessary depending on the circumstances. In case of adoption, you will need to include the required judicial documents establishing the adoption or granting foster care. If prior travel to the country of origin of the adopted child is necessary, you will also need documentation issued by the competent body of your autonomous community.
Who is eligible for extra leave?
Leave can be extended by one week per child in case of a multiple birth, and an extra week can also be applied for if the baby is born with a disability or health problems.
If the baby is premature or has to be hospitalised for longer than seven days, leave can be extended for up to an additional 13 weeks.
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