Maternity and parental leave in Spain 2026: 19 weeks

Maternity leave in Spanish law: one leave for both parents

Spanish law now treats maternity and paternity leave as a single, equal right. The birth mother and the other parent each get 19 weeks. The rules for 2026:

• 6 weeks are compulsory, full time and uninterrupted right after the birth.
• 2 of the 19 weeks can be taken flexibly until the child turns 8 (from January 1, 2026, Real Decreto-ley 9/2025).
• Single-parent families get 32 weeks.
• Each parent's weeks are individual and cannot be transferred.

The benefit is 100% of the base reguladora, the figure INSS works from, and it is free of IRPF income tax.

Leave rules in Spain at a glance

Paternity leave in Spain is not shorter

A father or second parent has the same 19 weeks, the same 6 compulsory weeks after the birth and the same 100% benefit from INSS. For a US employer, this is the change to plan around: a Spanish father on your team can be away as long as the mother. France, next door, still gives fathers far less (see French maternity and paternity rules).

Unpaid parental leave under article 48 bis of the Workers' Statute also exists; we did not read its terms this month, so we do not describe them here.

Sick leave: who pays which days

For common illness or a non-work accident, Spain pays nothing for days 1 to 3 by statute. From day 4 to day 20 the benefit is 60% of the base reguladora, and from day 21 it is 75%. A work accident or occupational disease pays 75% from the day the right arises (Seguridad Social).

How the early days are split between employer and social security was not confirmed on an official page this month, so we do not state it. A collective agreement can add a top-up, so read the one your hire falls under.

The employer's side of the budget

Employer social security on an open-ended office contract is 32.15%, EUR 11,252.50 on a EUR 35,000 salary paid in 14 installments (see the Spain employer cost breakdown). The minimum wage is also set over 14 payments: compare your offer with the 2026 SMI and average pay in Spain.

Paid vacation and public holidays come from articles 38 and 37 of the Workers' Statute. We could not read those articles in the official BOE text this month, so this page does not restate the day counts.

Spanish leave through an EOR

Your EOR, as the Spanish employer, registers the leave, reports it to social security and stops salary while INSS pays. Ask how the EOR records the two weeks a parent can save until the child turns 8, and whether its monthly fee continues while the employee draws INSS benefit.

Published fees range from $99 (Native Teams, whose help center says EUR 99) to $699 (Oyster) per employee per month (country cost index); Deel lists $599. All were checked October 16, 2026. See how the main EOR providers compare.