Birth and childcare leave extended to 19 weeks, with 32 for single-parent families, in Spain

The Council of Ministers has approved an extension of birth and childcare leave that sets a new benchmark for work-life balance: it increases from 16 to 19 weeks per parent and is doubled to 32 weeks for single-parent families. The entitlement remains individual and non-transferable and is covered by social security with a benefit equal to 100% of the regulatory base.

How is the leave structured from now on?

The main block is extended to 17 weeks per employee (28 for single-parent families) to be taken within the first 12 months from the birth or, where applicable, from the adoption, guardianship or foster care decision. This core is supplemented by two additional weeks of flexible leave – four in single-parent families – which can be used until the child turns eight years old.. These flexible weeks will also have retroactive effect: they may be requested from 1 January 2026 for sons and daughters born on or after 2 August 2024.

When does it take effect?

The effective date depends on the component of the leave. The increase of the main block to 17 weeks (28 for single-parent families) applies immediately. By contrast, the new flexible tranche of two weeks, to be taken until the child turns eight, will become available from 1 January 2026. With this framework, the government considers the transposition of the 2019 EU Directive on work-life balance complete.

What does it mean for employers?

For employers, the change calls for practical adjustments. Absences will be more flexible over time —beyond the child’s first year of life— which will require earlier planning of coverage and schedules. Internal policies, handbooks and request protocols should be updated to reflect the new duration and structure. Although the benefit is paid directly by the National Institute of Social Security (INSS), it is advisable to coordinate management with payroll and HR to record weekly splits and ensure clear communication with the employee. For single-parent families, it will be essential to define and verify the documentation required to access the 32 weeks and the four flexible weeks.

In addition, 2026 will bring an extra challenge: identifying employees with children born on or after 2 August 2024 and setting up an orderly process for taking the retroactive flexible weeks without disrupting business continuity. The INSS is expected to publish operational criteria to address transitional situations and ongoing cases; we recommend monitoring these closely to ensure consistent implementation.

How do you apply?

The benefit can be applied for online via the Tu Seguridad Social portal and through the specific service for birth, adoption and childcare benefits.

At Osborne Clarke, we are closely monitoring the operational rollout of the measure. If you would like to assess its impact on your leave policies, equality plans, resource planning or specific scenarios (including retroactivity from 2026), our team is at your disposal.