Extension of birth and childcare leave

On 30 July 2025, Royal Decree-Law 9/2025 of 29 July was published in the Official State Gazette, extending the leave for the birth and care of children.

This royal decree-law completes the transposition of Directive (EU) 2019/1158 concerning the work-life balance of parents and carers.

Amendment of the revised text of the Workers’ Statute Law, approved by Royal Legislative Decree 2/2015, of 23 October.

Sections 4 and 5 of Article 48 of the Workers’ Statute have been amended, extending leave for birth, adoption, guardianship for adoption purposes and foster care from 16 to 19 weeks, to be taken as follows:

I. Suspension of the contract for birth and care

– 19 weeks per parent:

• – 6 mandatory and uninterrupted weeks after childbirth, on a full-time basis.
• – 11 weeks of voluntary leave until the child reaches 12 months of age.
• – 2 additional weeks for parental care until the child reaches the age of 8.

– 32 weeks for single-parent families:

• – 6 mandatory and uninterrupted weeks after childbirth on a full-time basis.
• – 22 weeks on a voluntary basis until the child reaches 12 months of age.
• – 4 additional weeks for parental care until the child reaches 8 years of age.

II. Suspension of the contract due to adoption, guardianship or foster care

The duration and conditions are the same as for birth and care leave.

In the case of international adoptions, when prior travel is necessary, leave may begin up to 4 weeks before the court decision.

III. Other conditions to be taken into account

Remains an individual and non-transferable right of the employee.

The 13 weeks following the 6 mandatory weeks (26 weeks for single-parent families):

• – May be taken in weekly periods, either cumulatively or intermittently, on a full- or part-time basis, subject to agreement between the company and the employee.
• – The company must be notified at least 15 days in advance.
• – When both parents exercising this right work for the same company, the company management may limit its simultaneous exercise for well-founded and objective reasons, which must be justified in writing.

This right is expressly recognised for transgender persons who are pregnant.

Entry into force

Enters into force on the day following its publication in the Official State Gazette, i.e. on 31 July 2025.

With regard to the two-week extension (four weeks in the case of single-parent families) of leave for the birth and care of a child, which may be taken until the child reaches the age of 8, this shall apply retroactively to events occurring on or after 2 August 2024. In these cases, the two-week suspension of the contract, as well as the corresponding benefit, may be requested from 1 January 2026 onwards and will not require the right to be recognised again.